HomeMy WebLinkAbout1985-12-02 (Regular) Meeting Agenda•
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_ City Council Meeting -Regular _
December 2, 1985
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REGULAR MEETING:
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COUNCIL CHAMBERS
City of Englewood , Colorado
December 2, 1985
The City Council of the City of Englewood, Arapahoe County,
Colorado, met in regular session on December 2, 1985, at 7:30 p.m.
Mayor Otis, presiding, called the meeting to order .
The invocation was given by Reverend Keith Merriman, Emmanuel
United Methodist Church, 2700 South Downing Str eet . The pledge of
allegiance was led by Cub Scout Troop #333.
Mayor Otis asked for roll call. Upon a call of the roll, the
following were present:
Council Members Van Dyke, Weist, Bilo, Bradshaw, Otis.
Absent: Council Members Higday, Vobejda.
The Mayor declared a quorum present.
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Also present were: City Manager McCown
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Assistant City Manager Vargas
City Attorney Olsen
Director of Finance Higbee
Deputy City Clerk Owen
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MAYOR PRO TEM BRADSHAW MOVED TO APPROVE THE MINUTES OF THE
REGULAR MEETING OF NOVEMBER 4, 1985 WITH THE ADDITION OF COUNCIL MEMBER
HIGDAY'S NAME TO THE MOTION TO PASS COUNCIL BILL NO. 75, ON PAGE 11 .
Council Member Silo seconded the motion. Upon a call of the roll, the
vote resulted as follows:
Ayes:
Nays:
Absent:
Council Members Van Dyke, Weist, Bilo, Bradshaw,
Otis.
None.
Council Members Higday, Vobejda.
The Mayor declared the motion carried.
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December 2, 1 985
Page 2
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MAYOR PRO TEM BRADSHAW MOVED TO APPROVE THE MINUTES OF THE
REGULAR MEETING OF NOVEMBER 18, 1985 , WITH THE FOLLOWING CHANGES -ON
PAGE 9, THE MOTION TO PASS COUNCIL BILL NO. 88 WAS DEFEATED NOT CARRIED;
AND ON PAGE 16 THE CITY ATTORNEY'S SALARY WAS AN ANNUAL AMOUNT NOT A PER
DAY AMOUNT. Council Member Bilo seconded the motion. Upon a call of the
roll, the vote resulted as follows:
Ayes:
Nays:
Absent:
Council Members Van Dyke, Weist, Bilo , Bradshaw,
Otis.
None.
Council Members Higday, Vobejda.
The Mayor declared the motion carried.
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There were no pre-scheduled visitors .
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Mayor Otis asked if there were any other visitors.
Dr. Bruce Elsey , owner of the All Cat Clinic, 420 Wes t Hampden
Avenue, came forward. Dr. Elsay stated he was purchasing the property at
3986 and 3996 South Broadway. Because there would be a change in use
he discussed the imposition of landscape requirements.
Mr. Jerry Markham, owner of Little Wheels, 3998 South Bro a dway,
came forward. Mr. Markham discussed the same subject. Mr. Markham
requested that Council not require Mr. Hackenson, the tenant of the front
part of the building , to move out until May.
Mr. William w. Hackenson, 3998 South Broadway, came forward.
He stated he did not want to interfer in the real estate transaction and
he would mov e if his staying prevented the transfer.
City Attorney Olsen agreed to meet with Dr. Elsey and others
concerned to review the documentation and discuss the matter with them.
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Mayor Otis presented a Communication from the Parks and
Recreation Department and the Parks and Recreation Commission explaining
policy and procedure for charging fees for park shelters and the issuance
of use p ermit s beginning January 1, 1986 •
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December 2, 1985
Page 3
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MAYOR PRO TEM BRADSHAW MOVED TO RECEIVE THE COMMUNICATION.
Council Member Bilo seconded the motion. Upon a call of the roll, the
vote resulted as follows:
Ayes:
Nays:
Absent:
Council Members Van Dyke, Weist, Bilo, Bradshaw,
Otis.
None.
Council Members Higday, Vobejda.
The Mayor declared the motion carried.
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Consent agenda items were:
(a)
(b)
(C)
(d)
(e)
(f)
(g)
(h)
( i)
Minutes of the Urban Renewal Authority meetings of
August 29 and October 2, 1985 .
Minutes of the Englewood Downtown Development
Authority meeting of October 9, 1985.
Minutes of the Board of Adjustment and Appeals meeting
of October 9, 1985.
Minutes of the Parks and Recreation Commission meeting
of October 10, 1985.
Minutes of the Planning and Zoning Commission meeting
of November 5, 1985.
Minutes of the Public Library Advisory Board meeting
of November 12, 1985.
Ordinance on final reading exempting the City from
competitive bid requirements for purchase of certain
supplies, materials and equipment for resale.
Ordinance on final reading amending the Englewood
Municipal Code to establish a Fire Prevention Bureau
under the authority of the Code Administrator and to
place certain regulatory provisions under the direct
responsibility of the Fire Department.
Ordinance on final reading amending the Englewood
Municipal Code deleting the "Fireworks" Chapter which
is covered in the Uniform Fire Code.
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December 2, 1985
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Council pulled consent agenda items 9(h) and 9(i) to consider
after the public hearing concerning the ord ina nce amending the Engl e wo od
Municipal Code str eamlini ng the professionalizing code ins pec tion
services under the Division of Build ing and Safety.
COUNCIL MEMBER WEIST MOVED TO APPROVE CONSENT AGENDA ITEMS 9(A)
THROUGH 9(G). Council Member Van Dyke seconded the motion . Upon a call
of the roll, the vote resulted as follows:
Ayes:
Nays:
Absent :
Council Members Van Dyke, Weist , Bilo, Bradshaw,
Otis.
None .
Council Members Higday, Vobejd a .
The Mayor declared the motion carried.
Consent agenda item 9(g) was hereby numbered Ordinance No. 81, Series of 1985 .
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COUNCIL MEMBER BILO MOVED TO OPEN THE PUBLIC HEARING TO CONSIDER
AN ORDINANCE ON FINAL READING AMENDING THE ENGLEWOOD MUNICIPAL CODE TO
STREAMLINE AND PROFESSIONALIZE CODE INSPECTION SERVICES UNDER THE
DIVISION OF BUILDING AND SAFETY. Council Member Van Dyke seconded the
motion. Upon a call of the roll , the vote resulted as follows:
Ayes:
Nays:
Absent:
Council Members Van Dyke, Weist, Bilo, Bradshaw,
Otis.
None.
Council Members Higday, Vobejda.
The Mayor declared the motion carried.
Walt Groditski, Code Administrator, presented the ordinan ce and
explained the ordinance was designed to clarify the consolidation of
construction codes and the fire code into one administrative ordin ance .
Mayor Otis asked if there was a nyone in the audience wish ing to
speak either in favor or against the ordinance. There was no one.
COUNCIL MEMBER VAN DYKE MOVED TO CLOSE THE PUBLIC HEARING •
Council Member Weist seconded the motion. Upon a call of the roll, the
vote resulted as follows:
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December 2, 1985
Page 5
Ayes:
Nays:
Absent:
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Council Members Van Dyke, Weist, Bilo, Bradshaw, Otis.
None.
Council Members Higday, Vobejda.
The Mayor declared the motion carried.
ORDINANCE NO. 82
SERIES OF 1985
BY AUTHORITY
COUNCIL BILL NO. 77
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
AN ORDINANCE REPEALING TITLE 8 OF THE ENGLEWOOD MUNICIPAL CODE 1985 AND
REENACTING A NEW TITLE 8 TO PROVIDE FOR ADMINISTRATIVE AND PRACTICAL
CHANGES TO STREAMLINE AND PROFESSIONALIZE BUILDING AND FIRE INSPECTION
SERVICES THROUGH THE PERMANENTLY IMPLEMENTED DIVISION OF BUILDING AND
SAFETY; READOPTING BY REFERENCE THE UNIFORM BUILDING CODE, 1982 EDITION,
UNIFORM MECHANICAL CODE, 1982 EDITION, UNIFORM PLUMBING CODE, 1982
EDITION, NATIONAL ELECTRICAL CODE, 1984 EDITION, UNIFORM FIRE CODE, 1982
EDITION; AND PROVIDING FOR REGULATIONS GOVERNING SWIMMING POOLS,
NUMBERING BUILDINGS, MOVING STRUCTURES AND DEMOLITION OF STRUCTURES.
MAYOR PRO TEM BRADSHAW MOVED TO PASS COUNCIL BILL NO. 77, SERIES
OF 1985, ON FINAL READING. Council Member Weist seconded the motion.
Upon a call of the roll, the vote resulted as follows:
Ayes:
Nays:
Absent:
Council Members Van Dyke, Weist, Bilo, Bradshaw,
Otis.
None.
Council Members Higday, Vobejda.
The Mayor declared the motion carried.
ORDINANCE NO. 83
SERIES OF 1985
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BY AUTHORITY
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COUNCIL BILL NO. 78
INTRODUCED BY COUNCIL
MAYOR OTIS
AN ORDINANCE AMENDING TITLE 1, CHAPTER 6F, OF THE ENGLEWOOD MUNICIPAL
CODE 1985 ESTABLISHING A FIRE PREVENTION BUREAU, PLACING AUTHORITY FOR
ITS ADMINISTRATION UNDER THE CODE ADMINISTRATOR, AND ADOPTING CERTAIN
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December 2, 1985
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REGULATORY PROVISIONS PREVIOUSLY CONTAINED WITHIN THE UNIFORM FIRE CODE
AS THE DIRECT RESPONSIBILITY OF THE ENGLEWOOD FIRE DEPARTMENT.
MAYOR OTIS MOVED TO PASS COUNCIL BILL NO. 78, SERIES OF 1985, ON
FINAL READING. Mayor Pro Tern Bradshaw seconded the motion. Upon a call
of the roll, the vote resulted as follows:
Ayes:
Nays:
Absent:
Council Members Van Dyke, Weist, Bilo, Bradshaw, Otis .
None.
Council Members Higday, Vobejda.
The Mayor declared the motion carried.
ORDINANCE NO. 84
SERIES OF 1985
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BY AUTHORITY
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COUNCIL BILL NO. 79
INTRODUCED BY COUNCIL
MEMBER WEIST
AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL CODE 1985 BY DELETING TITLE 7, CHAPTER 5, ENTITLED "FIREWORKS."
COUNCIL MEMBER WEIST MOVED TO PASS COUNCIL BILL NO. 79, SERIES
OF 1985, ON FINAL READING. Council Member Van Dyke seconded the motion.
Upon a call of the roll, the vote resulted as follows:
Ayes:
Nays:
Absent:
Council Members Van Dyke, Weist, Bilo, Bradshaw, Otis.
None.
Council Members Higday, Vobejda.
The Mayor declared the motion carried.
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COUNCIL MEMBER WEIST MOVED TO OPEN THE PUBLIC HEARING TO
CONSIDER AN ORDINANCE ON FINAL READING WITHDRAWING NEW HIRE POLICE
OFFICERS FROM THE STATE FIRE AND POLICE PENSION ASSOCIATION. Council
Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows:
Ayes: Council Members Van Dyke, Weist, Bilo, Bradshaw,
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December 2, 1985
Page 7
Nays:
Absent:
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Otis.
None.
Council Members Higday, Vobejda.
The Mayor declared the motion carried.
Director of Finance Gary Higbee presented the b ac kground
information for the withdrawal and information concerning the ICMA money
purchase plan under which the "new-hire" police officers plan to participate.
Sergeant Bill Kilpatrick, Englewood Police Department , spoke in
favor of withdrawing from the FPPA and joining the ICMA money purchase plan.
Mayor Otis asked if there wer e any other comments from the
audience either in favor or against. There were none.
COUNCIL MEMBER BILO MOVED TO CLOSE THE PUBLIC HEARING. Mayor
Pro Tern Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows:
Ayes:
Nays:
Absent:
Council Members Van Dyke, Weist, Bilo, Bradsh a w, Otis.
None.
Council Members Higday, Vobejda.
The Mayor declared the motion carried.
ORDINANCE NO. 85
SERIES OF 1985
BY AUTHORITY
COUNCIL BILL NO. 88.1
INTRODUCED BY COUNCIL
MEMBER HIGDAY
AN ORDINANCE ELECTING AND APPLYING TO WITHDRAW CERTAIN EMPLOYEES OF THE
POLICE DEPARTMENT OF THE CITY OF ENGLEWOOD, COLORADO, FROM THE FIRE AND
POLICE PENSION ASSOCIATION AND ELECTING NOT TO PARTICIPATE FOR THEM IN
ANY STATEWIDE PENSION PLAN PURSUANT TO C.R.S. 31-30-1001 et. seq., AND,
IN LIEU THEREOF, ESTABLISHING A MONEY PURCHASE PLAN FOR ALL POLICE
OFFICERS HIRED BY THE CITY OF ENGLEWOOD ON OR AFTER APRIL 8, 1978; AND
APPROVING A CONTRACT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD
POLICE ASSOCIATION RE-ENFORCING THE MONEY PURCHASE PLAN AS A
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December 2, 1985
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NON-NEGOTIABLE SUBJECT OF COLLECTIVE BARGAINING, AND DECLARING AN EMERGENCY.
COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO . 88 .1, SERIES
OF 1985, ON FINAL READING. Mayor Pro Tern Bradshaw seconded the motion.
Upon a call of the roll, the vote resulted as follows:
Ayes :
Nays:
Absent:
Council Members Van Dyke , Weist, Bilo , Bradshaw , Otis .
None.
Council Members Higday , Vobejda.
The Mayor declared the motion carried .
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MAYOR PRO TEM BRADHSAW MOVED TO RECONSIDER COUNCIL BILL 93 .1,
SERIES OF 1985 , HAVING TO DO WITH THE BOND ISSUE FOR THE SWEDISH MEDICAL
OFFICE BUILDING PROJECT . Co uncil Member Van Dyke seconded the motion.
Upon a call of the roll, the vote resulted as follows:
Ayes: Council Members Van Dyke, Bilo , Bradshaw .
Nays: Council Members Weist, Otis .
Absent: Council Members Higday , Vobejda.
The Mayor declared the motion carried .
Mayor Pro Tern Bradshaw spoke against the matter and was opposed to benefiting private business in this manner.
Council Member Van Dyke spoke against the matter and queried
holding a public hearing on an ordinance that had already been passed on final reading.
City Manager McCown explained the hearing was to meet federal
requirements. Mr. McCown stated consideration of the ordinance and
related hearings were coordinated around publication requirements as
well as federal regulations; and as a result could not be done simultaneously.
MATTER. COUNCIL MEMBER BILO MOVED TO HOLD A PUBLIC HEARING ON THE
Motion died for lack of a second.
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December 2, 1985
Page 9
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MAYOR PRO TEM BRADSHAW MOVED TO PASS COUNCIL BILL NO. 93.1,
SERIES OF 1985, ON FINAL READING. Council Member Van Dyke seconded the
motion. Upon a call of the roll, the vote resulted as follows:
Ayes: Council Members Van Dyke, Weist, Bilo, Otis.
Nays: Council Member Bradshaw.
Absent: Council Members Higday, Vobejda.
The Mayor declared the motion carried .
COUNCIL MEMBER BILO MOVED TO OPEN THE PUBLIC HEARING TO CONSIDER
ISSUANCE AND SALE OF $8.5M INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR
SWEDISH MEDICAL OFFICE BUILDING PROJECT. Council Member Van Dyke
seconded the motion. Upon a call of the roll, the vote resulted as follows:
Ayes:
Nays:
Absent:
Council Members Van Dyke, Weist, Bilo, Bradshaw,
Otis.
None.
Council Members Higday, Vobejda.
The Mayor declared the motion carried.
Mayor Otis asked if there was anyone present wishing to speak
either in favor or in opposition of the issuance.
Dan O'Meara, attorney for Kutak, Rock, and Campbell, came
forward. Representing Swedish, Mr. O'Meara asked for favorable passage
of thP ordinance.
There were no other comments.
COUNCIL MEMBER BILO MOVED TO CLOSE THE PUBLIC HEARING. Council
Member Van Dyke seconded the motion. Upon a call of the roll, the vote
resulted as follows:
Ayes: Council Members Van Dyke, Weist, Bilo, Bradshaw, Otis.
Nays: None.
Absent: Council Members Higday, Vobejda.
The Mayor declared the motion carried.
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December 2, 1985
Page 10
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MAYOR OTIS MOVED TO RECONSIDER AND PASS COUNCIL BILL NO. 93.1,
SERIES OF 1985 , NUNC PRO TUNC . Council Member Bilo seconded the motion.
Upon a call of the roll , the vote resulted as follows:
Ayes: Council Members Van Dyke , Weist, Bilo, Otis .
Nays: Council Member Bradshaw .
Absent : Council Members Higday, Vobejda .
The Mayor declared the motion carried .
RESOLUTION NO. 57
SERIES OF 1985
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A RESOLUTION INCREASING GOLF TOURNAMENT FEES TO REFLECT INCREASE IN GREEN
FEES AS APPROVED BY RESOLUTION NO. 38, SERIES OF 1985.
MAYOR PRO TEM BRADSHAW MOVED TO PASS RESOLUTION NO. 57, SERIES
OF 1985 . Council Member Weist seconded the motion . Upon a call of the
roll , the vote resulted as follows:
Ayes :
Nays:
Absent:
Council Members Van Dyke, Weist , Bilo, Bradshaw ,
Otis.
None.
Council Members Higday, Vobejda.
The Mayor declared the motion carried.
RESOLUTION NO. 58
SERIES OF 1985
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A RESOLUTION ESTABLISHING A POLICY FOR DETERMINING RECREATION PROGRAM
FEES IN THE CITY OF ENGLEWOOD.
COUNCIL MEMBER VAN DYKE MOVED TO PASS RESOLUTION NO. 58, SERIES
OF 1985. Mayor Pro Tern Bradshaw seconded the motion. Upon a call of the
roll, the vote resulted as follows:
Ayes:
Nays:
Council Members Van Dyke, Weist, Bilo, Bradshaw,
Otis.
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December 2, 1985
Page 11
Absent:
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Council Members Higday, Vobejda.
The Mayor declared the motion carried.
RESOLUTION NO. 59
SERIES OF 1985
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A RESOLUTION APPROVING A LEASE/PURCHASE AGREEMENT BETWEEN THE CITY OF
ENGLEWOOD AND JINCO LEASING CORP. FOR THE ACQUISITION OF FIRE FIGHTING
EQUIPMENT FOR THE CITY OF ENGLEWOOD.
MAYOR PRO TEM BRADSHAW MOVED TO PASS RESOLUTION NO. 59, SERIES
OF 1985 . Council Member Weist seconded the motion . Upon a call of the
roll, the vote resulted as follows:
Ayes:
Nays:
Absent:
Council Members Van Dyke, Weist, Bilo, Bradshaw,
Otis.
None.
Council Members Higday, Vobejda.
The Mayor declared the motion carried .
RESOLUTION NO . 60
SERIES OF 1985
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A RESOLUTION APPROVING THE CONTRACT BETWEEN THE CITY OF ENGLEWOOD,
COLORADO, AND PRIME COMPUTER, INC. ON PURCHASE, LICENSE AND SERVICE
AGREEMENT TERMS AND CONDITIONS.
MAYOR OTIS MOVED TO PASS RESOLUTION NO. 60, SERIES OF 1985.
Mayor Pro Tern Bradshaw seconded the motion. Upon a call of the roll, the
vote resulted as follows:
Ayes:
Nays:
Absent:
Council Members Van Dyke, Weist, Bilo, Bradshaw,
Otis.
None.
Council Members Higday, Vobejda.
The Mayor declared the motion carried.
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December 2, 1985
Page 12
RESOLUTION NO. 61
SERIES OF 1985
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A RESOLUTION ACCEPTING A GIFT OF REAL PROPERTY FROM MARGARET N. SCOTT FOR
ALLEY PURPOSES IN THE 4300 BLOCK OF SOUTH CHEROKEE STREET IN THE CITY OF
ENGLEWOOD, COLORADO.
MAYOR PRO TEM BRADSHAW MOVED TO PASS RESOLUTION NO. 61, SERIES
OF 1985. Council Member Weist seconded the motion. Upon a call of the
roll, the vote resulted as follows:
Ayes:
Nays:
Absent:
Council Members Van Dyke, Weist, Bilo, Br ad shaw,
Otis.
None.
Council Members Higday, Vobejda.
The Mayor declared the motion carried.
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MAYOR PRO TEM BRADSHAW MOVED TO SUBMIT COUNCIL BILL NO . 85
AMENDING 5-6C-6C OF THE 1985 ENGLEWOOD MUNICIPAL CODE CONCERNING ADULT
ESTABLISHMENTS AND PROHIBITED ACTS TO THE PLANNINC AND ZONING COMMISSION
FOR THEIR REVIEW. Council Member Bilo seconded the motion . Upon a call
of the roll, the vote resulted as follows:
Ayes:
Nays:
Absent:
Council Members Van Dyke, Weist, Bilo, Bradshaw,
Otis.
None.
Council Members Higday, Vobejda.
The Mayor decl a red the motion carried.
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MAYOR PRO TEM BRADSHAW MOVED TO APPOINT STEVE MUHL, 2715 SOUTH
DOWNING, TO THE PLANNING AND ZONING COMMISSION FOR A TERM EXPIRING
FEBRUARY 1, 1988 . Council Member Van Dyke seconded the motion. Upon a
call of the roll, the vote resulted as follows:
Ayes: Council Members Van Dyke, We ist , Bilo , Bradshaw,
Otis • I •
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December 2, 1985
Page 13
Nays:
Absent:
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None.
Council Members Higday, Vob ej da .
The Mayor declared the motion carried.
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There being no further business, COUNCIL MEMBER VAN MOVED TO
ADJOURN. The Mayor declared the meeting adjourned without a vote at 9:10
p.m.
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AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
DECEMBER 2, 1985
7:30 P.M.
Call to order. -{){0
Invocation by Reverend Keith Merriman, Emmanuel United Meth-
odist Church, 2700 South Downing Street.
Pledge of allegiance by Cub Scout Troop 1333.
Roll call.
Minutes.
(a) Minutes of the reqular meeting of November 4, 1985.
(b) Minutes of the reqular meeting of November 18, 1985.
Pre-Scheduled Visitors. (Please limit your presentation to 10 minutes.)
Non-Scheduled Visitors. (Please limit your presentation to 5
minutes. ) 'tQ. L!.oJ o 1-I . .A
}1L.tLLv/t,<.1-..__. -1.(tt?f 5;o /-Jltll<'tt <.'-1--
f:j/(l ~ {<l.t --,c , t· k-J I J
Communications and Proclamations.
(a)
-d-' ('tJ c)./t
Communication from the Parks and Recreation Department
and the Parks and Recreation Commission explaining the
Parks and Recreation Department's policy and procedure
for charging of fees for park shelters and the issuance
of use permits beginning January 1, 1986.
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City Council Meeting
December 2, 1985
Page 2
9. Consent Agenda.
(a) Minutes o! the Urban Renewal Authority meetings o! Au-
gust 29 and October 2, 1985.
(b) Minutes of the Englewood Downtown Development Authority
meeting of October 9, 1985.
(c) Minutes of the Board o! Adjustment and Appeals meeting of October 9, 1985.
(d) Minutes of the Parks and Recreation Commission meeting of October 10, 1985.
(e) Minutes o! the Planning and Zoning Commission meeting of November 5, 1985.
(f) Minutes of the Public Library Advisory Board meeting of November 12, 1985.
(c)
Ordinance on final reading exempting the City from com-
petitive bid requirements !or purchase of certain ~
supplies, materials and equipment !or resale.
----.....--Ordinance on final reading amending the Englewood
Municipal Code to establish a Fire Prevention Bureau
under the authority of the Code Administrator and to
place certain regulatory provisions under the direct
responsibility o! the Fire Department.
Ordinance on final reading amending the Englewood
Municipal Code deleting the "Fireworks" Chapter which is
covered in the Uniform Fire Code.
To consider an Ordinance on final reading amending the
Englewood Municipal Code to streamline and professional-~
ize code inspection services under the Division of Building and Safety.
To consider an Ordinance on final reading withdrawing
new hire Police Officers from the State Fire and Police yr
Pension Association effective January 1, 1986 and es-
tablishing a money purchase plan with the International
City Management Association.
To consider issuance and sale of $8.5M Industrial
Development Revenue Bonds !or Swedish Medical Office Building project.
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City Council Meeting
December 2, 1985
Page 3
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11. Ordinances, Resolutions and Motions.
(a)
~ J[5 Q~
·1 Recommendation to increase golf tournament fees to re-
flect the $1.50 increase in green fees and cart charges
as approved by City Council in Resolution No. 38 on oc-tober 31, 1985.
~w{)~<S (b)
(c)
Recommendation to approve a new policy for the es-
tablishment of recreation program fees.
Recommendation to approve a lease/purchase agreement
with Jinco Leasing Corporation for the acquisition of a fire pumper. ) u£ _6q L-ty
(d)
fJ-.o (pO
(e)
Recommendation to approve an agreement between the City
of Englewood, Colorado and Prime Computer, Inc. provi d-
ing for upgrading of the City computer.
Recommendation to accept the right-of-way for an alley
on the south side of the property at 4315 South Cherokee Street. fr ot>(.P I
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12. City Manager's Report.
/(l~ 13. City Attorney's Report. ~~
14. General Discussion.
(a) Mayor's Choice.
(b) Council Member's
15. Adjournment.
/) A } / /
(_ /11~. 0c'ttcr-.
AND ~MC COWN
City Manager
AM/sb
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!cll~~in~ .~r e r r csent: Uocn a c a ll o t •n~ r c ll· th~
~~uncil ~E~oe rs Van '"yr ~, Jo ist , Hilo , P r adsra w. C:is .
A~ sen t: C:ur,i l ~~~oe r ~ HiodJ Y• VonP1oa .
T~e u yor d~c l ,r to ~ Quorum o r esen t •
' l S r r l-<l~(" .~ re:
.. *
• •
C'ty ~3 r age r McCo wn
ss 1<t a nt City Ma naQe r Vn r oas
Cit y Attor ney ~l s
O i re ~to r c f rinan c~ Hi abee
~'out y City rt•r k Owen
.. •
~c Y nQ PR0 T E~ QR f QSHAW ~rvr r TO APPP0V[ THE ~JN U T (S OF THS
REGLL R ~rET!'G Of NO VE~~f~ 4 , 19~5 ~IT H THf .AOD ITIO N OF COUNC IL MEM8[R ~I GCA '5 ~~~f ~{V HE MO TI ON TO PA SS COUNC IL 8 ILL NO . 7 5 , ON PAG E 11 ·
Cc~nc l ~f nb~r ~ilo seccnced t~e ~o tlo n . Upon a c a ll o f t he r oll• the
v :t· r esultec JS fell o ws :
) ( ~ :
r r ys:
sero t :
T:-e "'~yo
•
Coun cil r~mbe r s Van Dyke , We ist . Bil e • cr?dsh a ~.
0 t is .
"Jon ...
~cunci l ve~bnrs Hi roa y . Voh ejd 3 .
CC L'!r a c -c ti on CJ rri eu .
* * • •
l
,_( n
}r I (/' I
"' L , ~ ,·' J5 .( ~~
' '1-' / '
"-
/
""'
'"'
I
0
L
~.e '' -~ ... r
=-c-,.... ...
. . ,..
( IY IJ~ ,~· r;·r, q; ;-.r~,~. •tv£.:' 1 0 APP"OVl 't-<r '1l "'LTfS O F T ~->i
i\frLL:.i-I :-r;rr; (:F" i\JVf"r r.• ;.:.. "H' • w l Th THf FO LL O;.J r-.G CHA',G [S -~~l ED ;
"~Gr "• H [ '~'lC"' T'l f'~' CO'I .... Cll '<I L L "110 . <q wA S DE FrA lf f NO T O RA ?"R
Ar.:: lll Fnr .f. THE CITY A Tv R•~y.r, StLAP V .;v ; AN A IIINU AL /l'10UN T NO l -t~f th f'
~a y a~c~~T . CPu ncil ·~·h~r ri l o •econd~d th • motion . Ur~n a cd lL
r~tl, t~ · ~~-~ r c ~vlt ~a a~ t~Ltc~~:
A )'";
r .. ~ys :
::~ur~; il
n t is .
,...,..., "1 -C .
eo:cH•r s Vdn f yl(e , Llcis t . f'ilo , '1 r ad s.n ~·
~t•cr:: C1ur"tc 1l "n~n~r s ~irday . Vooe i dd .
Th e ~~y o r d•c l ~r ·d 11ot i c n c a rri ~o •
.. * * .. .. *
t c r e ~e r • n? o r •-~rh~aulr v 1 51to rs .
.. ..
~~v n r nt is ask~o if there we r e a ny othe r visi t o r s .
0 r . f<r u c e E ls ey , o wn •r ?f t he A.ll C,t Clinic • 4 2° ~'!s t He~pdPr"t
~~~n L ~• c ~ae f c r wa r d . C r . [l sa y s t ate~ he was purc hasina th e pr o ~ty at
35~E. 'ra !S 0 t-SC'uth t:l r o"awa y ' ...,..\\e c ause th e r e woulo be a c ha ng e 1 ~ u-;~
....L-tc • ~~~ ;;>re!_Pltt-;. .. o1sct.sseo th• 111'oo sH1o n o f l a n ds c aoP r ea u ir !'rnents '
"tc: lH: il\ e:el!le l Lilt _ w 't rt COU nt H I" It l !1 o . 5 9 •l •
r • .J"rry i"dr~~il"'• O'ol ne r o f L it tl e ~~~~el~• so o 13 Soutr Br <'Jd W'l Y•
C ci.ltL fcr.,.J r a . 'r . MJ.rkha.., dis.cussco the sao :! subje ct.t~..::I L Ma r.k .na~
r <cuesteo thdt Counci l 1'10t r eo ui r !' "lr , Ha c ke'1son,.,th ~of the fr o
o<.rt ct t'lc ouilo1no 1 th 8 t 'l 1; F I !L) Is a o l :a •• ~ c ' 011 to no v e ou t
urtH "'a:t ·~l,..;.._
,\ ~r. 11i l l i a111 1.. r-~c~e .,s o.,, 3°98 So u t h "r o?d wa y , c1me forw r rd• ~
st te-e-~c. ci a n ot wdnt tc 11'1t c rf .:r t c the re 3 l esta t e tr d r"lsaction 1rul h e
wcul c "eve 11 his stayirQ P r e v ent th!' t r ans f .. r .
& r,ty Attcrn e y 0 l se'1 ao r eed to
ccr~rr ed tc r ev 1e-th ~ do cu~e ntati o n an
~e y e r Ot is o r e5ented
•
eet .d th Dr . E l s e y :nd o.t h!'r~
d i scuss the ma ttnr .i th th~~ •
• *
the Pa r ks a nd
CO '!i"'i ssion .e...ol 3.i'li'1 o:::
rocedur e f o r c h a "/\i nn r--
(}
•
,...,
....
.,
= .. ... .
::
" .;, ...
j ,/
!I ~
..I .
(
:: ... c "'·""~e r "-' lqf_t"
r . .;. ( :
s ~ ~ r
..... • 1 S !-~.
--J: s r a l t ~ r c: ~ ~ (" t t r i ~ ~ ua r c i no J.J"lU ~ ry o f u ~~ opr~tts bnJi
'tYOR. PR(' T' I' ~nllfl'i1"41<
C:Lrcil ~~rb£r ~ilc ~eccncej the
~:t r~sut•~c ~f f o ll "l w ~:
,V[f TO RfC~lV[ THE CO~~UNTCI TIO N • ~c tt~n . Uoc"l a c a ll ot t~e r o l~ thn
--
•
A ye::.:
c:.ys :
tlscrt :
Tre ~"
C ... u.,ci l ""e ,....o c rs
c t 1 !'.
No
n Oyl:e, llcist o
Co uncil e ~o~r5 ~i o aay . Vo be ida .
r d•c l ~r ·d t~A '1 C tl ~n c a rri ~c .
i l o • fl r a o s 1\.<1 -1 •
r cns i'.nt -":Je n;:1a it:?"'S wer e :
( ")
(t)
( ()
( (.)
(' )
( l )
(c)
c r >
( . )
'-'lnute~ or
Au~ust ~
tt-c .Jr o"" Ren!'"':Jl outho ri t>· rnectinos cd
.md l.l ctcbe r , .:uas .
lnutes of th e fng l •wood Do wn to wn De v e l oo..,ent
Aut~ority ~ect\nq of Octo be r 9 , 1 9a5 .
~tnute~ o f •r• "o a r ~ r f A ~just~en t anc Aooea ls ~eet i n g
of Octecer a , !~a5 .
"inut€s of th e Pa r~s and qnc r eat i on Co~r is si on ~~et tn o
ct :ctcber 1~. 19
~'i ·1Ut es o f th"
at lljc verber 5 ,
!Olanrdnq a r
1 '18 5 .
Zo nin q Co Mm ission ~nrt i ng
~1nutes of the Pu o l ic LlbrJry Adviso r y Boa r d m~et inq
of \ov~~~er 1 2 · 1955 .
Or dinarcp n n find l r ~a~1n g e x e~o t1n o thP City t r om
comDetitiv e oid r e o u ire me n t s fer o urc ~ase o f c trtJln
suoolies . m~t e ri a ls a nd eouio~ent f o r r esa le •
"roir a nc~ on •i ral r ead ln o ame nding the [ng lew
~unicl~3l r~o· to es t abl i s h a Firr P r e ventio
un~er the 3 ut~·r it y o f the Code ~drn i ni~t r n to r
p l a c e r e rt ~in r egu l ~t o r y p r o vi sions u nde r th
r rsocn~ib illty o t t he Fir e DPoa rt mcnt .
d
~ u r c ~u
; ., -~ t 0
C' i r ~ c t
Orcir l rc e on final r~adinJ a ncnoing t he Eng l ew vcd
~u.,icioal rod• oeletiro t~c •rir e~ork~" Cnao ter whic~
Is c~verco in the Unifo r ~ Fi r e Co~· •
•
......
,-.
"""'
"""
....
J
!
(
C-..'t,rr ,, :qpr
.=6 ,:;.
Ccuncil
,T t .. r th '-' cut,lir
''t.r;c<c a l Cot's
s r • l (.f' ~ t• r or: r
C Lllr c c·nsort t ~'f'r>Ja itt-If'S '<Ch ) i'\nc 'l (i ) t o con ~i .J ~r
T !--i!}(..::r
• • : r ~
"' .-J r i " · r ::, c ,. r n i ·' 1 t " ,:-o r d i -an c f' 3 ,., ~ n cH , '1 t h r En" L P 'i 0 0 0
f3..,lir i n:. t~c r r o f.-ssio n ?l izin c coce i n so ~cti on
h~ rtw lsi ~" cf ~u 41 u i nn i'\r>d ~~f4ty .
UhCIL "'F'"• [P ~r 1<.1 ~O~l T Q AP DPQVf C•jN ' (fli T Alj£~0 ~ JT [f<<; '(A)
~l . Cou ncil 'P"'G~r ll 'ln Y~•· secon.~<>d the I"Otit)'l • Upon -" c a ll
c.'l , t '"t vrt c r esu ltr c a s ol l C'ws !
:."~s :
•• ys;:
ll ::sen t:
l~e "il YO
f.v urcil rr.,oe r s Von Oy&..e . l.eist , R il o • fO.Hid'>hr"•
., t i 5. •
"'o~cnf'.
ounc il ~P'"b"rs Hi nda y , Vobejda .
e c l o r " t~P ..,,ti o n c ~rri f'c •
Ccn scnt
~r ri es o f ,c;c':l .
ce.,ca it':!!! Ll l •as 'He r e by nu,.,be r eo Or dln.;n ce fl.o . P.:,
_. ~ •
CCU~C ll MlMc(R ~T L O MOVE ~ TO or rN THE P UR LI C H(ARJ ~G TO ~O~SIOF~
All. U h-ClNA~C£ Ot. FU1AL READ IN G AI"L.NO IN:. THE ENG LEwO OD MUN ICJ P.Al.-COPE TO
S T REA~LI ~E A"'D PROFESS I O~ALIZE CO CE I NS?ECTI ON SERV I CES UNDFR TH E
~lviSIC~ CF ~U ILDI~G 4~0 S AF E TY. Counci l ~e~ber Van O y~~ seco nde o th o
::.ti.or . L c.on .a c.all !:t the r o ll, th r vote r.•s.ulted as f ol l ows :
A1 <>s :
'·a y ~o :
Co urc1l ~t ~oPrs V3n Qyre. ~e1st , ~1l o , 8 r ad sh &w•
J t 1s .
Non,o .
~se~t : Co unci l ~~..,b~r~ Hi nd1 y , Vo b ei da .
Tte ·~y o r oeclar ec t~e ~ct •cn c u rri ed .
r lt u r oc 1ts~1 . Ce de Ad~1n i s trator . o r <>sen ted the o r d 1n a'l r <> '~d
liPL .:!.ir.e rl tr_e o r .d l n1ince J.l d S ces i ::~,ed to cl a r i fv the cons J li da tion .o f
c~rst r u ct irr c o oes a~o tr~ 1ir e c o o~ 1nt o o n ,o p jm1 ~i s tr at iv e ordi ~ 'le e .
".J Y'r
sc.e a l: e i th e r i
Us a s.t.e o
f a vor o r
if •n er c wu s 3n y on e 1n the audience wis rin ~ t o
na i ns t the o r d i n a n c n. There w 1 s n o on e .
CC U~CI L ~EMbER VAN D Y~E ~O Vf D TO CL E THE PUf LI C H[AR TNC.
a ca ll o• th e r oll, C:l.-cil '(:ro e r
:t e rcs ul t~o
I.'P ist ser o 'l dec
s f o l l o ws :
h e mo li c n . Uo t"'~
,....
•
(
-=cc~::.er .:-l"lfr.
,-:, ... (' ~
I::. < : C o u ~ c ' l '•!.'ll t. e r s 'J a ."l (; y k e , ./ e ; 5 t , .-i l ~,. !: r a o s h-b ~ •
r. t .: s •
. .;)'':.: N::an-::.
:.sfrt : rounc il 'omb,.r~ '1 1 'lCd )'• \l obeid<>•
T r• 'l)C r oecta r ed ~~~ ~cticn C3 rr1 ed .
fRri -.u,cr \0 . '"
S:RH.::, OF ,c;,s
c y AUTt'G'd T
COUNC IL ~I L L NO o 77
I NTRODUCED BY COUNC I.L
M[~f:1[R PR A D~H AII
t.t, .:JRC I "'~~(f 1\lPEALPIG TITL E u OF TH E [NG L [IJ nQD MUtnCIF AL CODE l9 &5 A..'I!D
R[PdtC TI ~G A 1\[J T JT Lr TO PF'O VI I f FOR AOI-'l '.J TS TRATIVE AND Pf\AC T!C~L
C.-L'.JG~~ T" STRli."'LI'J E AIJ f\ P'lOFrS~ION AL!ZE PUTLD I NG A!JO FIR E I NSPEC TI 'l"
S"'<V I CfS T~~~U~H TH E P(~~AN[\TLY IFP LEM E NTED DIVI S IO N OF BU IL DIN G J NO
S AF E TY; ~r~D0P TI NG SY RE F~'lE~CE THE UNIFORM 'U IL P I NG COD[, 19 82 [n!TJ O~,
L\I fCRr ~fCHA~I CAL COOE t 19&i ED ITIO~. UN IFO RM PL UMB I NG COO E t 19 92
£.:IT l CI\t '16T I 0t'A L ELECTR ICH CODE , 19 8 4 ED I TI O'I t UN IF Dill' FI PE. CODLL 19£12
EC ITI L'; l~O FFr~I D I 'J~ FOR R f~U L !TlONS GU V ER~T 'JG SW I MM I ~G POO L ~•
\L " f, f P I 'J G F U I L r.J r: r S , ~; 0 V I Ill G q R U C T UR f S A >; D DE M 0 Ll TI 0 N 0 F S T R U C T U R f S •
~'Y GR FRO T E~ ~RADSrlA~ ~o vr r TO PAS S COUNC IL BILL NO • 77t SFR J ES
cc 1 9t~. C~ FI NAL RfAD J NG . Cc unc1l ~~~be r 1J n 1 st secon ded th e motion •
~r cn ~ c a ll c 1 th e r ~ll· t~~ vo t o r e sultco a~ tall o ws:
Ayes :
• a y s :
A O S t'
Cou~c•t Ne~bp r s Van Dyke• .eist • q 4l o • B r ads~~~·
3t1s .
Non-:-.
runcil M•~b c r s H1 naa y , Vooe 1dd o
T ~c ~d y e r d~clJ r cd p n.o t1 ~n c ~rr1 ou .
CQG J ~:\cr ~c . R!
sr~rrc o~ .9&5
• *
Y AU T H CP T T Y
C0UNC I L ~ILL ~0 . 7 8
INT ~OOU CE D BY COUNCIL
~AY OR OTI S
•
.. ..
I
......
Ah Of<':Jt,~>(f f.VH~l''• T!Tll '• ~H.''"1 ~<: ~;~,OF T'iF r•JSl [l'"nr, ·'LI'J i CFfiL
LC Of 'St·-~ f$T.';'"ll '>t<J 'J(, ~ FJ .~f r"LV'"r.Til.l\o ~UR[A IJ , PL ACl iiiG Al•ThOR iT Y F ,");,. ll ~· t.;~<J'I<Tf'n i O\ U'1Llr~ 1'1f .rro> t,[J "P.I S TRATO R• AND AC OP TI'U> C [R T ~l'
RtC·l'l:TC>\Y f'0 ''VT~JC•'JS i''<EVIfJl lY ra~.lA I'J [O looTTH T \1 Th E UI\JFQR'~ FI~f CJ ['>
hi r~• Cl~lCT ~FSrONSl~ll lTY 0 F TMf rNGl[WQO~ F I R> DfP ART M[N T.
}\ ~Y O '\ O TI~ ~c•v E~ T"l f.",S5 COU'-lr JL ri l l NO . 7 8 • ~fRIES OF l"'~':J ,
fl~t.l fl[A~l' .... M.,yo r rr -. Tc .,. r . cJS~il w ~:eco n ced tnc motion . Up l)ll--<1 c .>l l
c• t~e r '>l l, tl,~ v ote r c-su l t"o as follows :
y!·'>~-C::unci l ~crnbH·s ~;,n O y~e. lo'e i<;t , l'il o , B r "!d sl><~"•
"~ .; s •
t."' )' s,: :~~nC' •
Ars P.n t : Ccunc i l •tmb" r s 1-'1 cca y. wohe ida .
The ~a yor o •cl "'r •c th r ~0tion Cdrr i ~d •
•
P Y AU l 'i 0~ I T Y
CRC if>AhC~ '.I'J . •4
URI£~ OF :9f:"> COUNC I L P ILL NO . 7°
l NTROf UC[D BY COUN CI L
•E ~f [R WE I ST
H ORrTNA'cCE A'lfi\'D l~'G JCI\(,LriJOOI" "41J~'I CIPAL CO DE 198 5 Fl Y Of LETI NG TITl r 7 •
C~APJER ~~ £N lliL ED "fl Rf~OR~s .•
LC UI\CIL MEMB£~ ~liST ~O VE O TO PAS~ rou~C IL 9 ILL NO . 79 t S~R J E5,
J~ 1~!~, 0~ fl~AL H£ADL ~&. Co uncil ~-~he r Va n Dyk e se co n ded the ~~t io~.
Lpcn 1 c a ll J f the r o ll• the v o t p r•sult ed as follows:
A y t>s :
\::.ys :
A ... s~nt :
Council Me~be rs Van Dyke, Jeist ,
IJ tis.
NO 'l "·
Counci l Mp~be r s Hiqda y , Vo~e id a .
T~e ~,yor oecl3r~d trc ~rti'>'l c a rr1 Po •
• .. .. .. •
1l ~. Br adshaw . '
CI"UNCIL MEMBfR WFI~T MOVED TO OPEN TH E PUR Ll C HEAR I NG TO
C~\S !C l~ A~ ORO I NANCr 0~ FINAL RfAO ING wiTHD RAWIN G NEW HlRr PO LI Cf
,FFICfRS F~QM T~f STATE ~I RE A~D FO LI Cr Pt'NSJON AS~OCJA TI O~. Coun~il
•
::!.CC'""t: ~r ... t
I' l ;c 7
~E!~£r ~ilc trrc n~Pc
r ~~ul :e~ JS tol l c .s :
...... t :" r :: c. c ·3 l l ') f h e r o ll• t~e v o ·•
~ yc. 5 :
"'-..~y s :
'Sc"l::
Cou,.,cil "P :-bn r s Vn'l !)y~e, ·.I eist , ~'l o . «r a dsh n••
t i s..
'-.on,..
Co uncil Me ~oe rs Hi q day . Vobelda .
re ~a yor decldr ed th e ~o tl cn c1rr i c d .
[ir ec tor o
i·t:;r m~ti ~r fo r t he
~cnt y c urcr as~ rlan
c •rticic ate .
Fin a~ce Ga r t Hl abee p r e ~e nt e d t~e bdc~q r ound
withc r a wal ~ a nd inf o r m.Jt ion co n c e r ning t 'le IC Ml.
under which the •n r w-hir e • police o fficer s ol n n t o
~tr o t mt t<ill K il o.:.t rlc ~, Ero lrwood P o l ic e Dl'oart..,e nt • s o'l k " in
t '~c r cf wit h~r a win n frc m t~e F PPA ~n d jo in i 'lo th l' I C~A money cu rcha sn.
:J l a n .
~e yor Otis as ke c it t~er o wer e an y o the r co~"lents from t ho
3~ct~rce ci t b~r ~~ f a v o r o r aua i ns t . Th e re ~e re none .
CCU~C IL MEM?rR ~IL 0 ~O V E'l TO CLOSE THE PU BLIC H [ARI ~G . M1 y '>r
°CO T c !!. i'r .. csh3w se concec the mot !on . Uoon , call of th e roll • t h~ v ~t-c
r 'sulteo ~s f ~l low~:
A:~~e~:
f\~y s :
Ars en t:
Courctl ~em o e rs Van ~yke t
I) t is •
Nct'le .
eist, B ilo . 8radsha4 t
Council He ~bers H i ~day , Vobe jda .
Tte ·~yor d e clar ~o th~ ~o tion c a rri e o .
<; ~ L 1 ... A~ C [ 11 0 . Pc:i
Sf il l £~ JF :%5
·Y AUTt'ORTTY
rOUNC IL ~ILL NO . 88 .1
I NTROOU rE O ~y COU NC'L
M[~~ER HIG ~A Y
At> Gflr INH C£ l LEC TI NS A\C APPL YI '.I' TO IJITHDR6 11 C ER HI ~ ['•P LQYf.[S 0., Ttt[
~r LJ CE DfPAR T Mf~T 0 ~ THl t iTY OF [N GLrJQOQ , CO LORADO , FR O~ THf FI Rr ~NO
PC Ll Ct PENS I O~ AS SOC I ATI O\ 1 ~0 ELEC T !N~ NOT TO PAR TI CIP AT E F ~R TH ~M I N
~~y !l A T r~I OE ~l ~S I O~ ~L A~ ~0R ~UA~T TO C .R .~. '1 -3 1 -1 02 1 ~·. SPo ., A~C ,
I \ Ll fL T ~fRfGF , fS T ~~LJ ~~l ~G A ~o~r y ~U•CH A ~c PLA N FOP I LL PO LJ cr
•
~ .. ..
I
~
....
-.
A.,,~ J"TI C ~.;;:, ,-,:o.r-"Y l"f ~"JTY rc r~,t:;LF.,"lJI'J 0 \! OCJ AFTf:il APRIL u , lq79 : g
4;~R ~V ~~~' :~~~~ACT ~lT~[E~ T~[ C ITY OF ENGL[~OOD A~D T ~F f~G L[W~
F~L I Cf ~~r L CIATIC\ RE -F~F~qrJ~~ r~r ~o~ry PUPCHASF PLA~ AS A
\"\-\[G 8 Tll PLf SU~Jf C T rc rQ LL £CTI VE 8ARGI INI NG , A ~D D[CLIR]~G AN -'f"l\Gt \CY .
.... ~ l CJ
~\U~Cll ~rM ~•R ~1 L O ~~v•> T ) P A ~c C JU ~CIL RILL ~0 . Rq .!• SEq~ •
::, .. A i'U.Al RC A O I II,!. ~c>yor Pr o Te01 ..,r "Jd shaw s.,con oed tf\e m "~
c al l of th e rollo th n v o t ~ r esu lt~d a s foll o ws : L:o
A -v or;.; r."uncH ~1 f!mb,.., rc; Viln r;y~e , Jc is t , Pi I o • 'l radsh a~
: i ~ .
.-y .: "\on ..:.
""se nt: COU"1Cit •11 e ~b~r s l'i1oday , Vr:oeida .
Tr e ·~yor decl~r·d t ~e ~~t i o n car ri ~d .
*
~
~Y0R PRO TE~ b~AOhSA ~ ~OVEr TO RFC"lNS I DER COUNCIL BILL a3 ,:,
~Bl(~ QF _).'J a~. t:!AVIt.IG H l D~ I.J TH TH E RONO I $SUE FOil THE SiJ[O J Sii ~4JnAL
C "FI C~e ~li iL D l'~& PROJECT . CouncH "P'IIb e r van Oyk e second e d the morio'l .
ncn c al l o f the roll, t~e v e t ~ r esul:Pd a~ follo ws :
t : crt-
Ayes: Council 'l emhPrs V y~~· ~l lo o e r ~ds~aw o
'3 ys: CounLU Memhc rs llelst o Ot is .
A cs t : Co uncil '"'e l'1bers Hl10ay . \'obelda .
T~e ~a y or decl a r ed the ~otlon carr 1 ~d •
~ay_a r
it ira
Pro !el:l 5 r ad sh3w soolte aq a1nst the
rlv a te ousi~ess i n t~is ma~~er ,
at t e r ~and was oooose
Cc uncil ~e!fber ll a n Dyke soo .~c aga in st U t e matter dnd auer ied
hclaing a c uolic hearino on rl n ordin a nce that ha d al r eady been pa sserl on
fir>.:;l r eodirr . ~
City ~anaoe r ~cc o wn e xol d ine o the h ~ar i ng was to mre t~f~o~r ~l
r r cuire~e.,ts \ v _ ~ • Mr . M c C o~n ~t3 t cj
C ~'l sicerat1o n D t the o rdcUJ~.:&;J O(nea rin;;s were coo r dinated a rou nj
CLc lic ati:>r r eQu irements ..-r:r eor>rJ l r eou l a tio n sjand as a r es u lt c ou
ne t tc o~ne s i mu ltaneously •
. " ~ l, "< C I L 'H M ~Ell lL O ·~o vr T O HOLD 4 P tJB L!C HfARI'IIG ON TH r
~~ t: T c-.. •
•
~
•
1 :tier die c r l~ck ~t • second .
)Q~ PRO Tf~ ~R AO SH IW ~0 V ED TO P A S~ COU~C I L 8 ILL NO . 93 .l •t ~ S£K l f~ Of ~9c 5 , CN F I ~~L REAJ I ~G . Counci l Me~b er Van DyKe s e c ond ed e
11-:ticr . '1ccn t'll l o f tl'l~> r o ll , th e v ot e r e s u l tec:' as f o ll o ws :
Coun cil
Vot>ejda .
t '11"'
A ~c s; Coun cil ~eMoers Va n DYke , We ist , 9 1 l o . Ot i s •
. -y s: Counci l ~4 ,.,be r Pr.lC sl'law .
tscr r: Cr:un cil n11bn r ~ ~iaday , Vcb e!d'l .
T l'le ~a 1or declared tne "'G n c ;rr1 eu .
rc u~CIL MEMBER 0 ll 0 ~O V F P TO OPF~ TYF pucLIC H(AqlNG TO ro~~J D r~
I S5UA'CE A~D S ILf CF t f .s ~ l ~CUS T R IA L DE VELOFMfN T R~V~N U E e o~C S F 01 SoEJIS ~ ~E[1CAL OFF I CE bU IL DI NG ~~O J fC T . Co u nc il Membe r Va n Dyr s ~conc•o t~e ~ottcn . Uo~n a c a l l o f t~e r o l l , t h e v ote r es u lt ed ·~ t ~llo•s :
A)t-s :
•• i. y s :
At sc·1t :
Co~nci l ~e~bers Van Gyre , We ist , Ril e , 9rdaS~3 ~•
J tls •
~on~· •
Council ~emh ~r~ H1 o day , Vobelda .
Tr e ~ayc r dec l i r ftd the "'otton c a r r 1 ~d .
u•y o r Otis asted if the r e w3s a n y on e p r c sPnt wl sh 1n c to s~0 3 ~
oi tn e r i n f a v o r cr ln ooo~s 1ti on o f th~ issu a nce .
rre r c we r e no ot~D r corn~Pn t s .
'-
•
•
rku-J?h~, ~ 0 ')1
. a.A.eo~~ t-o-
~
.....
.
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l
!
•
L ~·-~ ~-J :'" \
r
~ ~ d r I L. ~~ ~ ~ .. .., :--
I,._ lfh(c f \l .oi.J
,..,~ult.o~
l.l .,, t 1 se:-c ,')r•-.::.;. .j
't ll o o<s :
"'Lii '0Vf ., T'l CL o:::r Tf.'r :CJ,·L!C H>ARl\r;, rl 1nril
~ "'O t i .-J , Uoon ~ c.,ll o f the r o l l , th ,• vJ t~
l-}C-~.
\~.y~:
A;.sent :
Cou nci.l U~~be r b ~-~ Dyke, ~•i s t , ~il0 f g r 3d S~1><•
1 t 1 c;.
~-.. ~.!'<~.
Counci l M·~~·r s Yi 1da y. Vobefda .
T~t '•tcr orcla r ~J tn c r~t i ?n c1 rri ea .
'~Y OR
~ ;;rt ~ C F .S t-5
Lr :r' Cd ll ?t
C J~S I OFR AND P ASS COUNC IL BlkL NO , ~s .:,
Coun c il H·~b ~r ~il o ~econded the •ntion .
~t .. r c!'ult ed a ~ foll o ws :
>"s : C'lUl'ICil e11t Ydr DyKe, ~ei s t • d il o • Oti s .
'..~y s : Cnu11cil ~e 11 oe r g r aosh3 w.
t. ~ s eo r t : Co uncil "•"b e rs ~1 4d a y, VoDcjd1 .
T~c •a yo r aec l a rect ;e "'o t i o 11 c a rr i •d •
•
"l~SC L L TI C ' 1110 . :>7
:iiHHS Of -~0.5
A R[SrLUTlC~ l~CRE•~I IIIG GO LF T OU~~AMEIII T FF[S TO "l EFLfCT IIIICREA Sf !Ill r;R(f N
FEES fS A ~fR0VEC e Y RESOLu TI ON NO . 3d o SER IE S OF 1985 •
CF 1 'J
r c ll ,
~A Y O~ PRO T E~ &R A DSHA~ ~OV EO TO PAS S RESO LUTION NO . ~1 , ~r oJFS
~. ~Oul'lc il ~e~cer ~e 1 st s e c onjed thP n o t i on . Uoo n a c a ll o f t~e
th • vGte r esu lt ~o ~s f o l l ow~:
·y es :
~ys :
.:.rs ~r t:
Cou~c 4 l •c -bc r s Va n Dyke, ~e 'st , S ilo . P r ad s~u ~.
Otis .
No~e •
Courcil ~e ~D e r ~ Hioda y , Vohnida .
Tre ~L ycr detla r ec th ~ ~c t1 c n c a rri ed .
* • •
~·~O L L TI O\ ~0 . ~~
•
l
:2cc"'"~er .2 . l 't.t.t..
rc ... ~ i~
~[.;IF ~ ~F '>;,c
A Rrc~L UTJ( r s T A~Ll S~JMG A P~ll CY F Oq OF T[RMJ ~I~G R ECR[A TJ O~ P QO G ~A~
F rF5 I~ T H~ CITY OF f~f,L fw00L .
(~U~CI L ~f~4F~ vA~
~~:c .. ~. ~c yrr Fr o T e~ -r
r ~Ll o th , ~ct ~ r cs ultec os
,Y~f ~r v ro TO P A ~S RESO L
s~a w •e con~ed th A ~ot1 cn .
o llo••:
<;[R I'~
'f t.., c
b > ~s : Co urcil ~c ~ocrs wa~ Oy ~e . we1 st . q 1l c , F r ad ~h a ••
Gti s .
y s : '110 '1 4 .
ALse rt : Courc il ~e•o e r s H1 ad ay , Vob et da .
~e ~~yor decl ~r ed th e ~ct t ~n ca r r1 eo .
~=SO L L TI L\ ~n . ~9
SfRIEf or :c~:-"
* • •
A RESJ L UTI C ~ APP ~O V J NG A Lf AS r/P URC HASf AGRE 'MfN T S fT~F[~ THE [JT Y OF
F\G L E.OOO 1~0 J l~CO L FAS J~G co qp . fOR TH E AC QUISITION OF FIRf FI GHTTu
E:G.UJ ?t'[\'l fC'\ lH E CITY OF E~G L E IJ !'JOO .
~~Y OR PRO T E~ P~AQSH Aw ~OVE D TO PAS ~ RESO LUTI ON NO . 59 , S'Q I ES
!:f l5 ~:. Co ur:cH re'llbe r Je 1 s t stc on ded the '110t1on . Uoo n a c a l l of the ~e ll, t hL ~a te r Esult ed a r f o l low ~:
yes :
\.;y s :
f.. r S(. n
c~urcil Yem be r s Va
0 t 1 ~.
'lio n.-.
yk e , J e1st , S Hot E r ads h a\ol o
r:o un c. ~PMb •r s H1~oa y , V~b ej da .
~e ~1 yor de cl 1 r e d th • ~o t 1 on carr 1 •u •
Rr~U L L TI L~ NC . 6C
5 f~IU OF c;;;c:
•
A RES~L U T !:\ I PPROV I \G THf CON T ~AC T ~E T~Er~ THE C ITY OF E~~Lr •o oo .
:~L CN 4 00 t ANC P R J ~[ :o~0 L T [P , !~C ._ ON PURCH ASE , LI CE"SE A~D SCP VJ CE
A[;lE~[~T l (F-~ A\0 C N~JTI J~S •
•
.
" ..
1
~
""'\
L u J
:"\'·-i;-•.;!i:.OP f • ! c .; C'
::
~ Y J; ~ l I ~· '· ~ \ 'r l J \. S < "f "0 L J T I 0 ~·
•'-:Yil f'" ,..r, l r.~ r oosha .. ~~r,..."<J~~£1 t r-.t' zno1:_ i O r"•
v·t r es~ltec ~s f ~ll u~s :
~ ... ". f. ~ , ~ r P. r r"
Uo •:>r1 '! c~tl nf
';F 10 >
i' ,. r "I. l •
... )i ~·:l"· CCil•<~cil l!!'"no rc ~a " fl vke, iJ"'is•. "ll o • "~r ra<;h ,..., •
0 . ; £.
"~~y~: ~(1
A ~~'1 Counril u~~brrs ~1ada y, ~o b etda .
T ,., e · J y c r c '! -.:. l ;J r !:' tl :: !"',.
~f51'l LL T I O' lo.n . 6 1
S[I<I ES OF .<;t-•
r tl ,,., c .1 rri ed .
•
t~~
4 h[~C L U TI C \ ACC(PJJ~G • GIFT OF PE AL PROPE RTY Fq OM MARGARE T N. Sr "TT co~
llL~Y FU~rC~ES llo. T"E 4 3 • ~LUC K OF SOUTH CH EROKff S TRE ET I ~ THE f iTY OF
~'C L E~OOQ . CO L CR AOC .
CF .cw5 ,
r c.ll. tf.
~-Y ON PRC 1E~ ~GArs"AW ~O V EO 1
r c u n c il "'e "" o e r " , i s t s e c on de .~
vote r esult eo cs fol low s :
PAS S RE S OLUT I ON NO • &J , Sf RI ES
e mo •t on . Uoo" 3 c a ll of tre
Ayr>s :
..:c y S !
ALSI:.nt :
Co unc H ·•e ,.
v t is •
'Von e .
rs n Dyke , l.e1s t,
C~un cil !".~r.:b c r s Hi gd ay, ll obcld a •
Th a yor decl a r ed tho ~ot•on c J rr1 e d .
*
11 0 , R r ad s'l il ~.
':YOE fR O T[r1 !::FAD SHAio. ''OVE C. 1 0 SUB'i l T COUNCIL B ILL IIJO . f'';;.
Ap r~c i~G ~-~C -6 C OF THE lqq5 fNGLf~OUD MU~ICI PA L CODE CO NCERN I NG ACUL
E~T A9LISH~f~T S A~O pqQrl i c iTE D ACr ~ TO THE PL ANN INC AND ZON I IIJG COM~I~S I O~
".:.R 1 !:'[1"" RLV 1 L I... C.~uncjl "c-;oer Sil o se con ced the "'otion . Uo o n J ca ll
?• tr ~ r ol l. t ne v c t e r •su lt~d as l cl l o~s :
A y L.:;.;
'~'1 s :
:.. "~5 ~,.,
•
Co un cil ~cm Lcrs Van D y~e. Weist , S 1l o , Br a dsh a w,
Ot1s.
'lone .
Cc·un cll P.'7'D'rs h i CC'J Y t VOC !"j~·
"
"
•
..
T~e ·u y o r cecL~r~~ t~~ :e tten c J rr'ed .
I y OR PR
2r ~~I\G , TC THE PL
FE~~LARY :. ~g~E .
c ll r.f t~~ r cl lo
A y.e s ~
,. .3 ys :
:sent :
.. • •
5 <:O'JlH
TE n p . AriSHAJ "' V[O TO APP O 1 r-.T STfV[ t~UH L• 2 71 "~I~G ANC 70~1\G CO ~~J SS J O \ FOR A Tf RM EXP IRIN G • . l)~O'"l 'I C')ur.c 1l ··~"'oc r 'li1.'1 ~ylo::l" $CCv nced t he o;ot toP...·
th~ votP r es u l tPd 3~ f o ll ows :
Counci l 'e ll'bcrs van Oylo::e • IJcist o RH o • .s.,-adsbol-'1•
,t is ,
NJ'"!e .
rounci l ~embe r s H l qda y• Vobe5da .
lte · ~yo r a •clnr Pc t~• mct l~n carri r o •
•
The r e oein~ no furth e r bus l noss o CO UNC IL ~EM AER VAN MOVE " T1
lj; .... .OLP.t .. ln.e \la )'Gf dec l ared tne ""ee ti ng ad f o urn ed wit h o ut a llote ..J t 9 :J..C.
o .~.
-------------------------------c pu~y City Clerk
'.
•
• •
0-cct-_ ~ 1~ --~
J 12-z--6.:.:;
AGENDA ITEM ---
f · 30 ~VI\
PRESE 0 BY-----
_} M •• ~ <----~l-· Sc~ uJ~ U-ctJ iJ 333
CU~·
Hoved
MOTION:
•
/)l c C !'U/J., _ __;
1 fa "1" /rL~
ROLL CALL
Seconded
HTC.dav
Neal
Vobe 1da
Weist
Bi io
Bradshaw
Otis
Ayes Nay Absent
•
Abstain
I .
•
• -
AGENDA ITEM -----PRESENTED BY --------
ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
Hlgaay ;._-
I:Jiert --u 0 ?} jJ;.wb_ J_..-
Vobei da '1 t--
Weist J.--
Bi lo J.-
Bradshaw J-
Otis _r_
MOTION:
I • •
• •
•
• •
../ 6[1~
AGENDA ITEM -----PRESENTED BY --------
ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
Hlqdav
Neal
Vo bei da -Weist
v Bllo
j./ Bradshaw
Otis
I I I • •
• •
•
• -
AGENDA ITEM 5...b_ PRESENTED BY --------
ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
Higday ~
Neal -
Vobe,da -
Weist
<--Bllo
r • Bradshaw
Otis -
MOTION:
I • •
• •
•
• •
(;;
AGENDA ITEM -----PRESENTED BY --------
ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
Hlgday
Neal
Vobeida
Weist
Bllo
Bradshaw
Otis
MOTION:
I • •
• •
•
•
.. -
AGENDA ITEM 1. PRESENTED BY --------
;Jc !!J ~w_ U--'00lJ ,a C'o t:
J( z 0 i< \i ~1'1/L.' ~-
Moved Seconded Ayes Nay Absent Abstal n
Hlgdav
Neal
Vobe 'da
Weist
Bi lo
Bradshaw
Otis
MOTION :
• I . •
• •
•
• -
AGENDA ITEM ----PRESENTED BY ------
ROLL CALL
Moved Seconded Ayes Nay Absent Ab t I s a n
Hfqday
Neal
Vo be da
Weist
Bllo
Bradshaw
Otis
MOTION :
I . •
• •
•
• •
AGENDA ITEM ----PRESENTED BY ------
t-c..{L [ }L 0 Lj ) -1,'4_) j_,t.J-1:.." {L ;_ t~·'J.• z( I ) 1 !L ( J L ~ _)
/"
.-~ j p ~ ~ ut.:__ t) 7 ° .-J 1. ~ ._f / 2t d t k.L;, ~
'L a 11a .u _ .
-(! [' ~ LJJ L/J o_-U-J.) t)_ u.J--(U I -r , l 4 '\ /-v (~
•
~~--~'-'---{)J~ -6 a eu r /II) le-a __, ~ u .'~-~u /)~LA-<-.-
~ ~ All ~ ;:efl'c..-))L 'J . V)--iv • {_ /uj-U ~
~~-ru.._ ~ ~ ,;<Vo -,')J~.
ROLL CALL
Hoved Seconded Ayes Nay Absent Abstain
HTgdav
Neal
Vobeida
Weist
Bllo
Bradshaw
Otis
MOTION :
•
I .
AGENDA ITEM ---
1 I 1 a t ~h (} ) n , J,. J ~ ( J ___
~/A._l-t~
.3tt1 s J~ /~2 ( (l cut (f j-
•
• •
PRESENTED BY -----
-._/-t X a~ u_ _} tc.-J _ (Yil ~ ~ {;__ ~ ~~ }~II? '"t-fJ._
-p~&cf/ ./?~LA..u.L~
<' !Ltt.tdv lu ~.._.., t_ "11 "--t"l
J ~ f L"&J ))) J.
~/'---6') ~ _,1./ll?..d---
U>tJ.;u ciA-~ ~u c. ~ ll -')IJ..J J "ja.JI C.tUrt ueROLL CALL
/L({I (2/L/ m-.,U../ll 1L,(, i~ '-f/h ~/ll-UX) t \;Jf.'-1-U 1-4_.1 <j~
Moved Seconded Ayes Nay Absent Abstain
H,goav
Neal
Vobei da
Weist
Bllo
Bradshaw
Otls
MariON :
•
I .
-•
• •
AGENDA ITEM PRESENTED BY ----------
)! ")(? ~12 tw ><
-~~a)_ 0/~~/)U!Y\ 11-~
(y ~a ,_-c t ., a £ -?'~ v_; /('1-iL lu?:'<---;6 JD -t ~u..~l-/ cuJj f <t )-
~ _ C< 1J c),c J ;YWJ-J JD {H c_f~ ~ ~ cr 2J _
Yf /a ck fl au' ', (~._)uh r'-n 1 '-U_
J qq g ~o /~1 ak~~
-de' 0 w.J-un J -A ~ ,.:Jj 7}~i-/ -ZA.J / c:.L~ J ri_ a£
~ < )CJ\ ~ ')'\_~
-~~>· JJLJ--u >j '-16. 1 · )' r ;::},r n'LV1< "--,
-/)~ U '?t >l..j-/)IUILtJ U/:..U.L 10 I)
-cLt ltl v rz, l J~ ~ (! <! u ~ ( i t_..,.. t.'
fL -._ &~J' cy~~
n Lv '<..<) /'7) 1...rz "<-
ROLL CALL
Moved Seconded Ayes Nay Absent Abst I a n
Hlgdav
Neal
Vobeida
Weist
Bi lo
Bradshaw
Otis
MOTION:
• •
I . •
•
•
• •
AG ENDA ITEM ----P RES ENTED BY ------
!3; I /vfLt. u ---tJ_ L/)_ t U 0c t 7 cy· r Uit t ~ 't., n
1 t l L <J1 :J /U r') 11. -u -zu?IJJ. o!_ ~ ~ -~ ~ ;<J l<--~l0
~-& {_Jk£~ ~ 7<-J (/}·d.t_~ z, Jd
P}')uptc~):;/fV4 ~~~ !{ P~~·-J~ ·
ft) , XJ !, 1~ ~t:;~t!-?t?iifj__ LL<' c.t~~u_; ~~ /7LtY-<juWUJ
'--> J..c 11 -·~~--~-"£ eLL dou.L ,.u 1,( ~0 1-----t"l' r& r u .J. f tt J
(} l (\/'k J)U ,.._/-.
-{0 (\' {:_, /) }c_..U_ l -t;'/1 , t 2 l I U _.-
ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
Hlgoay
Neal
Vobeida
Wei s t
Bi lo
Bradshaw
Otis
MOTION:
•
)
I . •
•
AGENDA ITEM
v1' ( /-
I
Move d S o ded ec n
v--
~
MOTION :
•
• •
PRESENTED BY -------
fi(f ~t-~U-c/1 ~ tfz' ~
s l PI__~<-> 11 ' )I (. (
ROLL CALL
Ayes Nay Absent Abstain
111 gda_y
Neal -
Vobeida
Weist /
Bi lo /
Bradshaw /
Otis l/
I • •
•
• •
cfCL ~ AGENDA ITEM -----PRESENTED BY -------
ROLL CALL
Moved s d d econ e Ayes Nay Absent Abstain
HTgday
Neal
Vobeida
Weist
Bllo
fiJ( Bradshaw
Otis
MOTION:
I • •
•
• -
• •
AGENDA ITEM q C ~ -j-
PRESENTED BY --------
ROLL CALL
Moved Seconded Ayes Nay Absent AbstaIn
Hlgday ----v Neal
Vobeida y Wei s t /
Bl lo /
Bradshaw /
Otis
MOTION:
I • •
•
•
• •
AGENDA ITEM
PRESENTED BY --------
ROLL CALL
Moved Seconded Ayes Nay Absent AbstaIn
Hlgday
v--Neal -Vobeida -Weist J v-Bilo /
Bradshaw /
Otis I
MOTION:
I • •
•
•
• -
_ ....
AGENDA ITEM ----PRESENTED BY
~)av-/J~~~L
I , r:Z
,W cJ 'L j!U-~ t;_ ( (_,___ C t ll L ( <
<-/ .:(_)_ ~ "--P tR ')I? 1l lu1 I
? J
ROLL CALL
Moved Seconded Aye s N ay Absent Abstain
HIQdav -v Neal -
Vobe1da -j/ Weist J
Bl lo /
Bradshaw /
Otis /
MOTION:
) 1 {~ I .
•
•
• •
.... ........ e:::::m::
AGEND A ITEM -----PRESENTED BY --------
ROLL CALL
Ho ved Seconded Ayes Nay Absent Abstain
HIQ<Iay -Neal
Vobe1da v Wei s t /
Bllo / v Bradshaw /
Ot is
I •
•
-
•
•
• •
AG ENDA ITEM ~ PRESENTED BY -------
(! {)l l n u 1 C , 7 1/1'--" (c u t U --' '-~
(
Moved Seconded
-v-
v-
17 o --u
{l
ROLL CALL
Hlgday
Neal
Vobeida
Weist
Bllo
Bradshaw
Ot i s
MariON: c (8 7.5
Ayes Nay Absent Abstain
-
/
/
/
)
I •
•
• •
AGEN DA ITEM -----PRESENTED BY --------
ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
Hlodav
t/ NeaT -
vobeida v Weist
Bllo /
Brad s haw /
Ot i s /
MOTION: C1J 11
I .
•
•
•
•' •
===== :c:
AGEN DA I T EM /C/o . PRESENTED BY --------
ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
Hlqday --
Neal -
Vobeida -v-Wei s t }
r...--Bllo /
Bradshaw 7
Otis
I • •
•
•
• •
AGENDA ITEM ----
'
I , ,n(Fa,_
'lt I~ 7l-D
Moved Seconded Ayes Nay Absent Abstain
H1q<1ay
Neal
Vobe1da
Weist
Bi lo
Bradshaw
Ot i s
MOTION:
I . .
• •
•
• •
END A ITEM -----PRESENTED BY --------
J ( ' • I (? ..-1 <J.I (}I .
J ) ~ .;
{ ('~"Ji '-0 0--,,
-r (', c·uu (!1 1 'Li c.~
-J ·Jf ')' tJ 1 m (v
RO LL CALL
Moved Seconded Ayes Nay Absent Abstain
H1qdav
Neal
Vobe1da
Weist / ,__. Bllo / -Bradshaw 7
Otis v
MOTION:
I • •
• •
•
• •
--= c::
AGENDA ITEM -----PRESENTED BY --------
ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
Higdav
Neal -Vobei d a -Weist I
1/ Bi lo / v Bradshaw /
Otis
MOTION:
I • •
•
• •
m
AGEN DA ITEM PRESENTED BY -------
ROLL CALL
Moved Seconded Ayes Nay Absent Ab t I s a n
Hfqday
v Neal -Vobe da
Weist
Bile
;....---Bradshaw -Otis
I •
•
•
AGENDA ITEM ----
I
~ (; /v {t I u
y ;;lu 'l ?'/.f {1{ ) { /~._../
--1 / '/)l
j I.../ f) ( ( < ( (. { '-" I L.l cf
',_ ){ ;;(I[V c..<.._
J~
( .,_ ( !I t 1 __
7 I U',
1:" ' '-" c
I-'
Hoved Seconded
'II' v
MOTION:
Hlgaav
Neal
Vobeida
Weist
Rllo
Bradshaw
Otis
0 (.. ~/l J
•
• -
PRESENTED BY -------
L-cz_ /77<-t -'-1~d ~~-'7--t
t l( -~ '--( ' ) 1:-.t X I 7-c'-" /u. -> 'I I
/? ?-< 7· -e· -~, ~& 4~ _.,.( .. r ·
<--(~ ,
ROLL CALL
Ayes Nay Absent Abstain
I . •
n
•
• •
m c: m
AGE NDA ITEM -----PRESENTED BY --------
,
ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
Hlgday
v Neal
Vobe]da
Wei s t
Bllo
v Bradshaw
Ot l s
c_ft;.
L~ Gf3 .1
7 {1--J-~ I~
MOTION:
I •
•
•
• •
·= c:
AGENDA ITEM -----PRESENTED BY ---------
ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
Hlgday 1.---
Neal .....__
Vobeida L-
Weist ;--
Bllo v
Bradshaw J..--
Otis 1--
MOTION:
I .
•
•
• •
X C::::::::: c: =
AGENDA ITEM-----PRESENTED BY ---------
ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
Hladav
Neal -
vobeida -
We i st
Silo -
Bradshaw --
Otis -
MOTION: /} I
Vf'J;. I • •
•
•
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= c: m
AGEN DA I TEM-----PRESENTED BY --------
ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
HlgOay ...,...._
v Neal
Vobeida
Wei s t I
v Bi lo /
Bradshaw /
Ot i s /
MOTION:
<-/) . I • •
•
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AGENDA ITEM ----
1 VU L ~" 1 J f ) 'j' (I ) 1
(S nv dtt1-,
RO LL CAL L
Moved Seconded
Hiadav
(./" Neal
Vobe1da
Weist
1..--Bl lo
Bradshaw
Otis
MOTION :
•
• •
P~EmEDBY _________ _
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Ayes Nay Abs e nt Abstain
-
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•
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AGEN DA ITEM -----PRESENTED BY -------
ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
Hlcldav
Neal
Vo be1d a
Weist -
v Bllo -Bradshaw -
././' Otis --
I (( (_
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•
•
•
. . -
AG ENDA ITEM 1/tL-PRESENTED BY --------
ROLL CALL
Hoved Seconded Ayes Nay Absent Abstain
Hlgday
Neal
Vobe i da
,_/ Weist I
Bllo /
......-Bradshaw /
Otis 1/
I • •
MOTION: [) ~
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•
•
•
, . •
AGENDA ITEM ~ PRESENTED BY -------
"OLL CALL
1'\oved Seconded Ayes ~Y Absent Abstain
-liTQdav
v Neal
Vobe1da
Weist
Bi lo v Bradshaw
Otis
I • •
MOTION: j
'/t.~ v C'
•
•
• •
AGEND A ITEM -----PRESENTED BY --------
ROLL CALL
Moved Seconded Ayes Nay Absent Absta 1 n
Hlgday
Neal --Vobeida
welst I
Bll o I
Bradsh-7
Otis 1/
MOTION:
I .
•
•
• •
AGEN DA I TEM 11~. 1..__ ,/
PRESENTED BY I tf { d~ --' y ;
J
ROLL CALL
Moved Seconded Ayes Nay Absent AbstaIn
Hlgday --
NeaT -Vobe1da
y Wei s t I
Bllo /
,__..-Bradshaw /
Otis I
MOI'ION:
I • •
• •
•
•
.. -
AGEN DA I TEM __,_/_:/_d_:......:::;....__
ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
Hlgday --Neal
Vobe]da -Weist /
Bi lo / v Bradshaw /
Lr-Otis I
MOTION:
I • •
• •
•
• •
AGEND A ITEM ~ PRESENTED BY l._l_,_l-"'l _(-'' (i_t =(L~'=!(-=~
ROLL CALL
Mo ved Seconded Ayes Nay Absent Abstain
HIQday
Neal -
Vobe1 da ......--Weist j
Bi lo / v Bradshaw L_
Otis II
MOTION: I)
I~ J c I • •
• •
•
• •
AGEN DA ITEM -----PRESENTED BY -------
ROLL CALL
Hoved Seconded Ayes M.y Absent Abstain
Hlgday
Neal
Vobe1da
Weist I v Bllo / v Bradshaw /
Otis v
I • •
• •
•
• •
AGENDA ITEM ----PRESENTED BY -------
ROLL CALL
11oved Seconded Ayes Nay Absent Abstain
Hlgday ~ ..--Neal ~
Vobe 1da -=
Weist /
Bllo /
v Bradshaw /
Ot is
MOTION: J
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AGEN DA I T EM -----P RESENTED BY --------
ROLL CALL
Hoved Seconded Ayes Nay Absent Abstain
...!!..!...9E.~
Nea_l_
Vobe_jda
We_!_st
~~ lo
Bradshaw
Ot is
MOTION:
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NAME
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PUBLIC HEARING
Before The
CITY COUNCIL
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I WISH TO ADDRESS THE CITY COUNCIL
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NAME ADDRESS
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PUBLIC HEARING
Before The
CITY COUNCIL
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I WISH TO ADDRESS THE CITY COUNCIL
TELEPHONE OBSERVER IN FAVOR lrN OPPOSITION I No POSITION
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I WISH TO ADDRESS THE CITY COUNCIL
TELEPHONE OBSERVER IN FAVOR IN OPPOSITION NO POSITION
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I . .
•
REGULAR MEETING:
•
• -
COUNCIL CHAMBERS
City of Englewood, Colorado
tJovember 4, 1985
The City Council of the City of Englewood, Arapahoe County,
Colorado, met in regular session on November 4, 1985, at 7:30 p.m.
Mayor Otis, presiding, called the meeting to order.
The i n vocation was given by Chaplain Edward Christian, Porter
Memorial Hospital, 2525 South Downing Street. The pledge of allegiance
was led by Boy Scout Troop 1151.
Mayor Otis asked for roll call. Upon a call of the roll, the
following were present:
Council Members Higday, Van Dyke , Vo bejda, Weist , Bradshaw,
Otis.
Absent: Council Member Bilo.
The Mayor declared a quorum present.
* * * • * * *
Also present were: City Manager McCown
City Attorney Olsen
Assistant City Manager for Economic
Development Powers
Director of Finance Higbee
Director of Engineering Services Diede
Deputy City Clerk Owen
* * * * * * *
COUNCIL MEMBER WEIST MOVED TO APPROVE THE MINUTES OF THE REGULAR
MEETING OF OCTOBER 21, 1985. Council Member Vobejda seconded the motion.
Upon a call of the roll, the vote resulted as fo l lows:
Ayes:
Nays:
Abstain:
Absent:
Coun c il Members Van Dyke, Vobe j d a , We i st, Bradshaw,
Otis.
None.
Council Hember Higd~y.
Council Hember B i lo.
•
I • •
•
•
• •
November 4, 1985
Page 2
The Mayor declared the motion carried.
* * * * * * *
There were no pre-scheduled visitors.
* * * * * * *
There were no other visitors at this time.
* * * * * * *
MAYOR PRO TEM BRADSHAW MOVED TO APPROVE THE PROCLAMATIOn DE-
CLARH~G THE WEEK OF NOVEMBER 24 -DECEMBER 1, 1985 AS "NATIONAL BIBLE
WEEK." Council Member Weist seconded the motion . Upon a call of the roll,
the vote resulted as follows:
Ayes:
tlays:
Absent:
Council Members Higday, Van Dyke, Vobejda, Weist,
Bradshaw, Otis.
none.
Council Member Bilo.
The Mayor declared the motion carried .
* * * * * * *
COUNCIL MEMBER VOBEJDA MOVED TO APPROVE THE PROCLAHATIOt! DECLAR-
ItiG THE WEEK OF DECEMBER 1-7 , 1985 AS "HEALTH CARE WEEK." Council Member
Van Dyke seconded the motion. Upon a call of the roll, the vote resulted
as follows:
Ayes,:
Nays:
Absent:
Council Members Higday, Van Dyke, Vobejda, Weist,
Bradshaw, Otis.
None.
Council Member Bilo.
The Mayor declared the motion c~rried.
* * * * * * *
Consent agenda items on the agenda were:
(a) Minutes of the Planning and Zoning Commission meeting
of October 8, 1985 •
•
I • •
-
•
November 4, 1985
Page 3
(b)
(c)
(d)
(e)
•
• -
Minutes of the Englewood Public Library Advisory Board
meeting of October 15, 1985.
An Ordinance on final reading amending the agreement
between the City of Englewood and the Urban Drainage
and Flood Control District regarding Little Dry Creek
to allow for the receipt of $115,000 plus interest in
added funds from the District.
An Ordinance on final reading which will regulate the
towing, impoundment and disposition of motor vehicles
in the City of Englewood.
An Ordinance on final reading authorizing the issuance
and sale of up to $50,000,000 of City of Englewood
Multi-family Housing Mortgage Revenue Bonds, 1985,
Series A, for the Trolley Square Apartment Project,
and declaring an emergency.
MAYOR PRO TEM BRADSHAW MOVED TO APPROVE CONSENT AGENDA ITEMS
9(A)-9(E). Council Member Weist seconded the motion. Upon a call of the
roll, the vote resulted as follows:
Ayes:
tJays:
Absent:
Council Members Higday, Van Dyke, Vobejda, Weist,
Bradshaw, Otis.
None.
Council Member Bilo.
The Mayor declared the motion carried.
Consent agenda item 9(c) was numbered Ordinance No. 67, 9(d) was
numbered Ordinance No. 68, and 9(e) was numbered Ordinance No. 69, all
Series of 1985.
MAYOR PRO TEM BRADSHAW MOVED TO BRING FORWARD AGENDA ITEMS ll(H)
AtlD 11 (L) WHICH WERE A RECOMMENDATIOtl REGARDinG SALES AND USE TAX AND A
RECOMMENDATION FOR CERTAIN POLICE OFFICERS TO WITHDRAW FROM THE FIRE AND
POLICE PENSION ASSOCIATION. Council Member Vobejda seconded the motion.
Upon a call of the roll, the vote resulted as follows:
Ayes:
Nays:
Absent:
Council Members Higday, Van Dyke, Vobejda, Weist,
Bradshaw, Otis.
t~one.
Council Member Bilo.
•
I • •
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(
•
•
•
tlovember 4, 1985
Page 4
•
• •
The Mayor declared the motion carried.
Director of Finance, Gary Higbee, presented the recommendation
and explanation of a proposed council bill that would repeal and reenact
Chapter 4 in its entirety to bring the collection and billing of sales
and use tax into compliance with H.B. 1007.
ORDINANCE NO.
SERIES OF 1985
BY AUTHORITY
A BILL FOR:
COUNCIL BILL NO. 87
INTRODUCED BY MAYOR OTIS
AN ORDINANCE REPEALING AND REENACTING CHAPTER 4 OF TITLE 4, ENGLEWOOD
MUNICIPAL CODE 1985, RELATING TO SALE~ AND USE TAX.
MAYOR OTIS MOVED TO PASS COUNCIL BILL NO. 87, SERIES OF 1985, ON
FIRST READING. Council Member Weist seconded the motion. Upon a call of
the roll, the vote resulted as follows:
Ayes:
Nays:
Absent:
Council Members Higday, Van Dyke, Vobejda, Weist,
Bradshaw, Otis.
None.
Council Member Bilo.
The Mayor declared the motion carried.
* * * * * * *
Director Higbee presented a recommendation and explanation of a
proposed council bill that would suppozt the withdrawal of new hire
police officers from the Fire and Police Pension Association effective
January 1, 1986.
ORDINANCE NO.
SERIES OF 1985
BY AUTHORITY
A BILL FOR
COUNCIL BILL NO. 88
INTRODUCED BY COUNCIL
MEMBER HIGDAY
AN ORDINANCE ELECTING AND APPLYING TO ~ITHDRAW CERTAIN EMPLOYEES OF THE
POLICE DEPARTMENT OF THE CITY OF ENGLEWOOD, COLORADO, FROM THE FIRE AND
POLICE PENSIO;I ASSOCIATION AND ELECTING NOT TO PARTICIPATE FOR THEM IN
•
I •
-
•
November 4, 1985
Page 5
•
• •
ANY STATEWIDE PENSION PLAN PURSUANT TO C.R.S. 31-30-1001 et. seq., AND,
IN LIEU THEREOF, ESTABLISHING A MONEY PURCHASE PLAN FOR ALL POLICE OFFI-
CERS HIRED BY THE CITY OF ENGLEWOOD ON OR AFTER APRIL 8, 1978; AND AP-
PROVING A CONTRACT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD POLICE
ASROCIATION RE-ENFORCING THE HONEY PURCHASE PLAN AS A NON-NEGOTIABLE
SUBJECT OF COLLECTIVE BARGAINING, AND DECLARING AN EMERGENCY.
COUNCIL MEMBER HIGDAY MOVED TO PASS COUNCIL BILL NO. 88,
OF 1985, ON FIRST READING AND TO SET A PUBLIC HEARING ON NOVEMBER
1985, AT 7:30 P.M. Council Member Van Dyke seconded the motion.
call of the roll, the vote resulted as follows:
SERIES
18,
Upon a
Ayes: Council Members Higday, Van Dyke, Vobejda, Weist,
Bradshaw, Otis.
Na_ys: None.
Absent: Council Member Bilo.
The Mayor declared the motion carried.
* * * * * * *
COUNCIL MEMBER HIGDAY MOVED TO OPEIJ A PUBLIC HEARING TO CONSIDER
AN ORDINANCE ON FINAL READING ESTABLISHING ASSESSMENT COSTS FOR CONCRETE
REPLACEMENT PROGRAM 1984, AND TO APPROVE THE COMPLETION SCHEDULE FOR THE
OVERLAY PROGRAM. Mayor Pro Tern Bradshaw seconded the motion. Upon a
ca l l of the roll, the vote resulted as follows:
Ayes:
Nays:
Absent:
Council Members Higday, Van Dyke, Vobejda, Weist,
Bradshaw, Otis.
None.
Council Member Bilo.
The Mayor declared the motion carried.
Di rector of Engineering Services, Gary Diede, presented the
final assessment data concerning the program.
Mayor Otis asked for comments either for or against these final
assessment !costs. There were no further comments.
COUNCIL MEMBER HIGDAY MOVED TO CLOSE THE PUBLIC HEARING. Coun-
cil Member Vobejda seconded the motion. Upon a call of the roll, the
vote resulted as follows:
.Ayes: Counci : Members Higday, Van Dyke, Vobejda, Weist,
•
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-
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•
Novembeor 4, 1985
Page 6
Nays:
Absent:
•
• •
Bradshaw, Otis.
None.
Council Member Bilo.
The Mayor declared the motion carried.
ORDINANCE NO. 70
SERIES OF 1985
BY AUTHORITY
COUNCIL BILL NO. 72
INTRODUCED BY COUNCIL
HEHBER BRADSHAW
AN ORDINANCE APPROVING THE COST OF CONSTRUCTION AND REPAJR OF SiDEWALKS,
CVRBS, AND GUTTERS IN THE CITY OF ENGLEWOOD AND CONFIRMING THE APPORTION-
MENT AND ASSESSMENT OF SAID COSTS TO EACH LOT OR TRACT OF PROPE~TY FRONT-
InG UPON THE SAME AND PRESCRIBING THE MANNER OF COLLECTION AND PAYMENT OF
SAID ASSESSMENT.
MAYOR PRO TEM BRADSHAW MOVED TO COUNCIL BILL NO. 72, SERIES OF
1985, ON FIRST READING. Council Member Vobejda seconded the motion.
Upon a call of the roll, the vote resulted as follows:
Ayes:
Nays:
Absent:
Council Members Higday, Van Dyke, Vobejda, Weist,
Bradshaw, Otis.
None.
Council Member Bilo.
The Mayor declared the motion carried.
• • • • • • •
Jack Bruggeman of Hanifen, Imhoff, Inc came forward and present-
ed a council bill authorizing the issuance of $12,200,000 multi-family
housing revenue bonds for The Harks project. Hr. Bruggeman noted is-
suance of the bonds depended on the outcome of the publ i c hearing on
Monday, November 25th.
ORDINANCE NO.
SERIES OF 1985
BY AUTHORITY
A BILL FOR
•
COUNCIL BILL NO. 91
INTRODUCED BY COUNCIL
MEMBER BRADSHAW I • •
•
November 4, 1985
Page 7
•
• •
A~ ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF THE CITY OF ENGLEWOOD,
COLORADO, VARIABLE RATE DEMAND MULTIFAMILY HOUSING REVENUE BONDS (THE
HARKS APARTHE~TS) 1985 SERIES A, IN THE AGGREGATE PRINCIPAL AMOUNT OF
Sl2,200,000 TO FINANCE RESIDENTIAL FACILITIES FOR LOW-AND MIDDLE-INCOME
FAMILIES AND PERSON; RATIFYING CERTAIN ACTION HERETOFORE TAKEN; AUTHORIZ-
ING THE EXECUTION AND DELIVERY BY THE CITY OF A LOAN AGREEME~T, INDENTURE
OF TRUST, LAND USE RESTRICTION AGREEMENT, BOND PURCHASE AGREEMENT, SUCH
BO~lDS AND CLOSING DOCUMENTS IN COIINECTION THEREWITH; MAKING DETERMINA-
TIONS AS TO "LOW-AND MIDDLE-INCOME FAMILIES AND PERSONS", AS TO THE
SUFFICIENCY OF REVENUES AND AS TO OTHER HATTERS RELATED TO THE RESI-
DENTIAL FACILITIES; AND REPEALING ACTION HERETOFORE TAKEN IN CONFLICT
HEREWITH.
MAYOR PRO TEM BRADSHAW MOVED TO PASS COUNCIL BILL NO. 91, SERIES
OF 1985, ON FIRST READING. Council Member Weist seconded the moti6n.
Upon a call of the roll, the vote resulted as follows:
Ayes:
Nays:
Absent:
Council Members Higday, Van Dyke, Vobejda, Weist,
Bradshaw, Otis.
none.
Council Member Bile.
The Mayor declared the motion carried.
* * * * * * *
Hr. Bruggeman presented a council bill authorizing the issuance
of Sl8,100,000 multifamily housing revenue bonds for The Marks project.
ORDINANCE NO.
SERIES OF 1985
BY AUTHORJ.TY
A BILL FOR
COUNCIL BILL NO. 92
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
AH ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF THE CITY OF ENGLEWOOD,
COLORADO, VARIABLE RATE DEMAND HULTIF;AMILY HOUSING REVENUE BONDS (THE
HARKS APARTMENTS) 1985 SERIES A, IN ~HE AGGREGATE PRINCIPAL AMOUNT OF
Sl8,100,000 TO FINAIICE RESIDENTIAL FACILITIES FOR LOW-AND MIDDLE-INCOME
FAMILIES AND PERSON; RATIFYING CERTAIN ACTION HERETOFORE TAKEN; AU-
THORIZING THE EXECUTION AND DELIVERY BY THE CITY OF A LOAN AGREEMENT,
INDENTURE OF TRUST, LAND USE RESTRICTION AGREEMENT, BOND PURCHASE AGREE-
MENT, SUCH BONDS AND CLOSING DOCUMENTS IN CONNECTION THEREWITH; MAKiNG I •
•
November 4, 1985
Page 8
•
• ..
DETERMINATIONS AS TO "LOW-AND MIDDLE-INCOME FAMILIES AND PERSONS", AS TO
THE SUFFICIENCY OF REVEtlUES AND AS TO OTHER MATTERS RELATED TO THE RESI-
DENTIAL FACILITIES: AND REPEALING ACTION HERETOFORE TAKEtl IN CONFLICT
HEREWITH.
MAYOR PRO TEM BRADSHAW MOVED TO PASS COUNCIL BILL NO. 92, SERIES
OF 1985, ON FIRST READING. Council Member Vobejda seconded the motion.
Mayor Pro Tern Bradshaw asked that Mr. Bruggeman or Mr. Campbell
provide for the public hearing information on what was designated as low-
or middle-income.
Mr. Bruggeman noted there was mention of income in the ord i-
nance: however, he would write a letter confirming the amounts.
Mayor Pro Tern Bradshaw stated she wanted the information to be
entered into the record of testimony. Further, Mayor Pro Tern Bradshaw
asked staff to provide information on the median income in Englewood and
the income levels in the subject and surrounding area.
Upon a call of the roll, the vote resulted as follows:
Ayes:
Nays:
Absent:
Council Members Higday, Van Dyke, Vobejda, Weist,
Bradshaw, Otis.
None.
Council Member Bilo.
The Mayor declared the motion carried •
• • • • * * *
Dan O'Meara, attorney from Kutak, Rock, and Campbell, came for-
ward and presented a request asking Council to consider an inducement
resolution and a bill for an ordinance authorizing the issuance of $9
million industrial development bonds for Swedish MOB 1, Limited. Mr.
O'Meara stated the purpose was to finance the remodeling of a medical
office building at the Swedish Center.
Mr. Clark, Chief Financial Officer for Swedish Hospital, came
forward and described the project to be located at 601 East Hampden Av e-
nue. Mr. Clark stated the hosp ital built the structure in 1980. The
hospital intends to sell the bu ilding to a limited partnership of tenants
and the financing of the tenant/partnership was the purpose of the bond
issuance. Mr. Clark stated some of the proceeds would be used to reno-
vate parts of the building.
RESOLUTIOn NO. 41
•
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•
MovembPr 4, 1985
Page 9
SERIES OF 1985
•
• ..
~ RESOLUTION DECLARING THE INTENT OF THE CITY OF ENGLEWOOD, COLORADO, TO
ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS TO PROVIDE FIN~NCING FOR
SWEDISH HOB 1, PROJECT FOR THE ACQUISITION, CONSTRUCTION, IMPROVEMENT AND
EQUIPPING OF A MEDICAL OFFICE BUILDING AS DESCRIBED HEREIN.
COUNCIL MEMBER HIGDAY MOVED TO PASS RESOLUTION NO. 41, SERIES OF
1985. Council Member Vobejda seconded the motion.
Mayor Pro Tern Bradshaw and Council Member Van Dyke spoke in
opposition and expressed reluctance in helping private industry in this
manner.
Upon a call of the roll, the vote resulted as follows:
Ayes: Council Members Higday, Vobejda, Weist, Otis.
Nays: Council Members Van Dyke, Bradshaw.
Absent: Council Member Bilo.
The Mayor declared the motion carried.
ORDINANCE NO.
SERIES OF 1985
BY AUTHORITY
A BILL FOR
COUNCIL BILL NO. 93.1
INTRODUCED BY COUNCIL
MEMBER VOBEJDA
AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF $8,500,000 ~LOATING
RATE DEMAND INDUSTRIAL DEVELOPMENT REVENUE BONOS (SWEDISH HOB 1, PROJECT)
SERIES 1985 TO FINANCE THE ACQUISITION, CONSTRUCTION, IHPROVE~ENT AND
EQUIPPING OF A MEDICAL OFFICE BUILDING; RATIFYING CERTAIN ACTIONS HERE-
TOFORE TAKEtl; AUTHORIZING THE EXECUTION AND DELIVERY BY THE CITY OF THE
BONDS, A LOAN AGREEMENT AND AN INDENTURE OF TRUST, AND CLOSING DOCUMENTS
IN CONNECTION THEREWITH; APPROVING THE FORM OF CERTAIN ANCILLARY DOCU-
MENTS; AND REPEALING ANY ACTION HERETOFORE TAKEN IN CONFLICT HEREWITH.
COUNCIL MEMBER VOBEJDA MOVED TO PASS COUNCIL BILL NO 93.1,
SERIES OF 1985, ON FIRST READING AND TO SET A PUBLIC HEARING QN THIS
MATTER ON MONDAY, DECEMBER 2, 1985. Council Member Higday seconded the
motion. Upon a call of the roll, the vote resulted as follows:
Ay es : Council Members Higday, Vobejda, Weist, Otis.
Nays: Co~ncil Members Van Dyke, Bradshaw.
•
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•
November 4, 1985
Page 10
Absent:
•
• •
Council Member Bilo.
The Mayor declared the motion carried.
Council Member Higday instructed staff to not place Council Bill
No. 93.1 on the consent agenda for the next meeting, because considera-
tion on final reading was before the public hearing, and because there
were two dissenting votes.
* * * * * * *
City Manager McCown presented a recommendation from the Library
Advisory Board to approve an agreement with Arapahoe Library District.
ORDINANCE NO.
SERIES OF 1985
BY AUTHORITY
.A BILL FOR
COUNCIL BILL NO. 84
INTRODUCED BY COUNCIL
MEMBER VAN DYKE
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD,
COLORADO, AND THE ARAPAHOE LIBRARY DISTRICT FOR RECIPROCAL BORROWING
SERVICES.
COUNCIL MEMBER VAN DYKE MOVED TO PASS COUNCIL BILL NO. 84,
SERIES OF 1985, ON FIRST READING. Council Member Higday seconded the
motion. Upon a call of the roll, the vote resulted as follows:
Ayes:
Nays:
Absent:
Council Members Higday, Van Dyke, Vobejda, Weist,
Bradshaw, Otis.
None.
Council Member Bilo.
The Mayor declared the motion carried.
* * * * * * *
City Manager McCown presented a recommendation from Police Chief
Holmes concerning clearly defining curfew hours.
ORDINANCE NO.
SERIES Ot' 1985
BY AUTHORITY
•
COUNCIL BILL NO. 75
INTRODUCED BY COUNCIL
I • •
•
•
NovPmber 4, 1985
P a ge 11
A BILL FOR
•
• •
MEMBER BRADSHAW
AN ORDINANCE AMENDING TITLE 7, CHAPTER 6, ARTICLE E, SECTION 6, OF THE
ENGLEWOOD MUtiiCIPAL CODE 1985 TO CLARIFY CURFEW HOURS.
MAYOR PRO TEM BRADSHAW MOVED TO PASS COUNCIL BILL NO. 75, SERIES
OF 1985, ON FIRST READING. Council Member Weist seconded the motion.
COUNCIL HEMBE~~O AMEND COUNCIL BILL NO. 75, BY CHANGING
THE REFERENCE OF "(12:00) p.m. MIDNIGHT" TO "(12:00) a.m. MIDNIGHT."
Mayor ProTem Bradshaw seconded the motion. Upon a call of the roll, the
vote on the amendment resulted as follows:
Ayes:
Nays:
Absent:
Council Members Higday, Van Dyke, Vobejda, Weist,
Bradshaw, Otis.
!'lone.
Council Member Silo.
The Mayor declared the amendment carried.
Upon a call of the roll, the vote on the original motion re-
sulted as follows:
Ayes:
Nays:
Absent:
Council Members Higday, Van Dyke, Vobejda, Weist,
Bradshaw, Otis.
None.
Council Member Bilo.
The Mayor declared the motion carried.
* * * • • * •
C i ty Manager McCown presented a recommendation that would revise
and improve the written municipal code and the enforcement thereof.
ORDINAtlCE NO.
SERIES OF 1985
BY AUTHORITY
A BILL FOR
COUNCIL BILL NO. 77
INTRODUCED BY COUtlCIL
MEMBER BRADSHAW I • •
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November 4, 1985
Page 12
•
• •
AN ORDINANCE REPEALING TITLE 8 OF THE ENGLEWOOD MUNICIPAL CODE 1985 AND
REENACTING A NEW TITLE 8 TO PROVIDE FOR ADMINISTRATIVE AND PRACTICAL
CHANGES TO STREAMLINE AND PROFESSIONALIZE BUILDING AND FIRE INSPECTION
SERVICES THROUGH THE PERMANENTLY IMPLEMENTED DIVISION OF BUILDING AND
SAFETY; READOPTING BY REFERENCE THE UNIFORM BUILDING CODE, 1982 EDITION,
UNIFORM MECHANIC1.L CODE, 1982 EDITION, UNIFORM PLUMBING CODE, 1982 EDI-
TION, NATIONAL ELECTRICAL CODE, 1984 EDITION, UNIFORM FIRE CODE, 1982
EDITION, UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1982
EDITION; AND PROVIDING FOR REGULATIONS GOVERNING SWIMMING POOLS, NUMBER-
ING BUILDINGS, MOVING STRUCTURE AND DEMOLITION OF STRUCTURES.
MAYOR PROTEM BRADSHAW MOVED TO PASS COUNCIL BILL NO. 77, SERIES
OF 1985, ON FIRST READING AND TO SET A PUBLIC HEARING ON THIS MATTER,
MONDAY, DECEMBER 2, 1985. Council Member Van Dyke seconded the motion.
Upon a call of the roll, the vote resulted as follows:
Ayes:
Nays:
Absent:
Council Members Higday, Van Dyke, Vobejda, Weist,
Bradshaw, Otis.
None.
Council Member Bilo.
The Mayor declared the motion carried.
ORDINANCE NO.
SERIES OF 1985
• • • •
BY AUTHORITY
A BILL FOR
• • •
COUNCIL BILL NO. 78
INTRODUCED BY
MAYOR OTIS
AN ORDINANCE AMENDitlG TITLE 1, CHAPTER 6F, OF THE ENGLEWOOD MUNICIPAL
CODE 1985 ESTABLISHING A FIRE PREVENTION BUREAU, PLACING AUTHORITY FOR
ITS ADMINISTRATION UNDER THE CODE ADMINISTRATOR, AND ADOPTING CERTAIN
REGULATORY PROVISIONS PREVIOUSLY CONTAINED WITHIN THE UNIFORM FIRE CODE
AS THE DIRECT RESPONSIBILITY OF THE ENGLEWOOD FIRE DEPARTMENT.
MAYOR OTI,S MOVED TO PASS COUNCIL BILL NO. 78, SERIES OF 1985, ON
FIRST READING. Council Member Vobejda seconded the motion. Upon a call
of the roll, the vote resulted as follows:
Ayes:
Nays:
Council Members Higday, Van Dyke, Vobejda, Weist,
Bradshaw, Otis.
None.
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November 4, 1985
Page 13
Absent:
•
• •
Council Member Bilo.
The Mayor declared the motion carried.
ORDINANCE NO.
SERIES OF 1985
* * * *
BY AUTHORITY
A BILL FOR
* * •
COUNCIL BILL NO. 79
INTRODUCED BY COUNCIL
MEMBER WEIST
AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL CODE 1985 BY DELETING TITLE 7,
CHAPTER 5, ENTITLED "FIREWORKS."
COUNCIL MEMBER WEIST MOVED TO PASS COUNCIL BILL NO. 79, SERIES
OF 1985, ON FIRST READinG. Mayor Pro Tern Bradshaw seconded the motion.
Upon a call of the roll, the vote resulted as follows:
Ayes:
Nays:
Absent:
Council Members Higday, Van Dyke, Vobejda, Weist,
Bradshaw, Otis.
None.
Council Member Bilo.
The Mayor declared the motion carried.
* * * * * * *
City Manager McCown presented a recommendation to approve an
agreement with the Regional Transportation District to locate a bus shel-
ter at the northwest corner of Englewood Parkway and South Acoma Street.
ORDINANCE NO.
SERIES OF 1985
BY AUTHORITY
A BILL FOR
COUIICIL BILL NO. 86
INTRODUCED BY COUII C I L
MEMBER BRADSHAW
AN ORDINANCE APPROVING A BUS SHELTER AGREEMENT BETWEEN THE CITY OF ENGLE-
WOOD, COLORADO, AND THE REGIONAL TRANSPORTATION DISTRICT FOR A BUS SHEL-
TER ON THE NORTHWEST CORIIER OF ENGLEWOOD PARKWAY AND SOUTH ACOMA STREET •
•
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November 4, 1985
Page 14
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MAYOR PRO TEM BRADSHAW MOVED TO PASS COUNCIL BILL NO. 86, SERIES
OF 1985, ON FIRST READING. Council Member Weist seconded the motion.
Upon a call of the roll, the vote resulted as follows:
Ayes:
Nays:
Absent:
Council Members Higday, Van Dyke, Vobejda, Weist,
Bradshaw, Otis.
None.
Council Member Silo.
The Mayor declared the motion carried •
• • • • • • •
City Manager McCown presented a recommendation to submit an
application for crossing improvements at Kenyon and Quincy Avenues to the
Public Utilities Commission.
RESOLUTION NO. 42
SERIES OF 1985
A RESOLUTION SUPPORTING AND AUTHORIZING APPLICATION TO THE PUBLIC UTILI-
TIES COMMISSION AND THE U.S. GOVERNMENT FOR APPROVAL OF AND FUNDING FOR
REVISING OF THE SIGNALS, INSTALLATION OF GATES AtlD IMPROVEMENT OF WEST
QUINCY AVENUE AND WEST KENYON AVENUE AT THE CROSSING OF THE DENVER AND
RIO GRANDE WESTERN RAILROAD COMPAUY AND THE ATCHISON, TOPEKA AND SANTA FE
RAILWAY COMPANY.
COUNCIL MEMBER VOBEJDA MOVED TO PASS RESOLUTION NO. 42, SERIES
OF 1985. Council Member Higday seconded the motion. Upon a call of the
roll, the vote resulted as follows:
Ayes:
Nays:
Absent:
Council Members Higday, Van Dyke, Vobejda, Weist,
Bradshaw, Otis.
t~one.
Council Member Bilo.
The Mayor declared the motion carried.
• • • • ' * ; • •
City Manager McCown presented the 1986-1987 wage agreements.
RESOLUTION NO. 43
SERIES OF 1985
•
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November 4, 1985
Page 15
•
• ..
~ RESOLUTION APPROVING A COLLECTIVE B~RGAINING AGREEMENT BY ~NO BETWEEN
THE CITY OF ENGLEWOOD, COLORADO, AND THE EtlGLEWOOD FIRE FIGHTERS ASSOCI~
TJON, EFFECTIVE JANUARY 1, 1986 THROUGH DECEMBER 31, 1987.
MAYOR PRO TEM BRADSHAW MOVED TO PASS RESOLUTION NO. 43, SERIES
OF 1985. Council Member Weist seconded the motion. Upon a call of the
roll, the vote resulted as follows:
Ayes:
Nays:
Absent:
Council Members Higday, Van Dyke, Vobejda, Weist,
Bradshaw, Otis.
None.
Council Member Bilo.
The Mayor declared the motion carried •
RESOLUTION NO. 44
SERIES OF 198 5
• • • • • • •
A RESOLUTION APPROVING AN ADDENDUM TO THE 1984-85 COLLECTIVE BARG~INING
AGREEMENT BY AND BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE ENGLE-
WOOD FIRE FIGHTERS ASSOCIATION, EFFECTIVE JANUARY 1, 1984 THROUGH
DECEMBER 31, 198S.
COUNCIL MEMBER WEIST MOVED TO PASS RESOLUTION NO. 44, SERIES OF
1985. Mayor Pro Tern Bradshaw seconded the motion.
MAYOR P~O TEM BRADSHAW MOVED TO AMEND RESOLUTION NO. 44, BY
ADDING SECTION 4 -COUNCIL DIRECTS THAT SAID INCREASE SHALL BE PAID IN
DECEMBER, 1985 BpT IN NO EVENT LATER THAN DECEMBER 31, 1985. Council
Member Vobejda seconded the motion. Upon a call of the roll, the vote on
the amendment resulted as follows:
'
Ayes:
Nays:
Absent:
' '
Council Members Higday, Van Dyke, Vobejda, Weist,
Bradshaw, Otis.
None.
Council Member Bilo.
The May~r declared the amendment carried.
Upon a call of the roll, the vot e on th e origin a l mo t ion r e-
su lted as follows:
Aye s : Cou n c i l Members Hi gd a y, Van Dyke, Vob ej d a , Weist ,
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November 4, 1985
Page 16
nays:
Absent:
•
• •
Bradshaw, Otis.
None.
Council Member Bilo.
The Mayor declared the motion carried •
RESOLUTION NO. 45
SERIES OF 1985
• • * * * • *
A RESOLUTION APPROVING A COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN
THE CITY OF ENGLEWOOD, COLORADO, AND THE ENGLEWOOD POLICE BENEFIT \
ASSOCIATION, EFFECTIVE JANUARY 1, 1986 THROUGH DECEMBER 31, 1987.
MAYOR OTIS MOVED TO PASS RESOLUTION NO. 45, SERIES OF 1985.
Mayor Pro Tern Bradshaw seconded the motion. Upon a call of the roll, the
vote resulted as follows:
Ayes:
Nays:
Absent:
Council Members Higday, Van Dyke, Vobejda, Weist,
Bradshaw, Otis.
None.
Council Member Bilo.
The Mayor declared the motion carried.
RESOLUTION NO. 46
SERIES OF 1985
* * * * * • *
A RESOLUTION FOR A COMPENSATION PLAN SYSTEM FOR GENERAL SERVICES MANA-
GERIAL EMPLOYEES OF THE CITY OF ENGLEWOOD.
MAYOR PRO TEM BRADSHAW MOVED TO PASS RESOLUTION NO. 46, SERIES
OF 1985. Council Member Weist seconded the motion. Upon a call of the
roll, the vote resulted as follows:
Ayes:
tlays:
Absent:
Council Members Higday, Van Dyke, Vobejda, Weist ~
Bradshaw, Otis.
tlone.
Council Member Bilo.
•
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November 4, 1985
Page 17
•
• •
The Mayor declared the motion carried.
RESOLUTION NO. 47
SERIES OF 1985
* * * * * * *
A RESOLUTION FOR A COMPENSATION PLAN SYSTEM FOR CONFIDENTIAL AND SECRE-
TARIAL EMPLOYEES OF THE CITY OF ENGLEWOOD, COLORADO.
COUNCIL MEMBER VAN DYKE MOVED TO PASS RESOLUTION NO. 47, SERIES
OF 1985. Mayor Pro Tern Bradshaw seconded the motion. Upon a call of the
roll, the vote resulted as follows:
Ayes:
Nays:
Absent:
Council Members Higday, Van Dyke·, Vobejda, Weist,
Bradshaw, Otis.
none.
Council Member Silo.
The Mayor declared the motion carried.
RESOLUTION NO. 48
SERIES OF 1985
* * * * * * *
A RESOLUTION FOR A COMPENSATION PLAN SYSTEM FOR MANAGERIAL EMPLOYEES OF
THE POLICE DEPARTMENT pF THE CITY OF EUGLEWOOD, COLORADO.
COUNCIL MEMBER WEIST MOVED TO PASS RESOLUTION NO. 48, SERIES OF
1985. Mayor Pro Tem Bradshaw seconded the motion. Upon a call of the
roll, the vote resulted as follows:
Ayes:
.
Council Members Higday, Van Dyke, Vobejda, Weist,
Bradshaw, Otis.
Nays: None.
Absent: Council Member Bilo.
The Mayor d~c lared the motion carried.
RESOLUTION ~0. 49
SERIES OF 1985
* * * * * * *
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November 4, 1985
Page 18
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• •
A RESOLUTION FOR A COMPENSATION PLAN SYSTEM FOR MANAGERIAL EMPLOYEES OF
THE FIRE DEPARTMENT THE CITY OF ENGLEWOOD, COLORADO.
MAYOR PRO TEM BRADSHAW MOVED TO PASS RESOLUTION NO. 49, SERIES
OF 1985. Council Member Van Dyke seconded the motion. Upon a call of
the roll, the vote resulted as follows:
Ayes:
Nays:
Absent:
Council Members Higday, Van Dyke, Vobejda, Weist,
Bradshaw, Otis.
None.
Council Member Bilo.
The Mayor declared the motion carried.
* * * * * * *
City Manager McCown presented the budget ordinances for the
fiscal year 1986.
ORDINANCE NO.
SERIES OF 1985
BY AUTHORITY
A BILL FOR
COUNCIL BILL NO. 89
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
AN ORDINANCE AMENDING THE CITY MANAGER'S PROPOSED BUDGET AND ADOPTING THE
BUDGET OF THE CITY OF ENGLEWOOD, COLORADO, FOR THE FISCAL YEAR 1986.
MAYOR PRO TEM BRADSHAW MOVED TO PASS COUNCIL BILL NO. 89, SERIES •
OF 1985, ON FIRST READING. Council Member Weist seconded the motion.
Upon a call of the roll, the vote resulted as follows:
Ayes:
Nays:
Absent:
Council Members Higday, Van Dyke, Vobejda, Weist,
Bradshaw, Otis.
None.
Council Member Bilo.
The Mayor declared the motion carried.
* * * * • * *
BY P.UTHORITY I • •
•
NOVPmber 4, 1985
Page 19
ORDINANCE NO.
SERIES OF 1985
A BILL FOR
•
• •
COUNCIL BILL NO. 90
INTRODUCED BY COUNCIL
MEMBER VAN DYKE
AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN THE CITY
OF ENGLEWOOD, COLORADO, IN THE FISCAL YEAR BEGINNING JANUARY 1, 1986 AND
ENDING DECEMBER 31, 1986, CONSTITUTING WHAT IS TERMED THE ANNUAL APPRO-
PRIATION BILL FOR THE FISCAL YEAR 1986.
COUNCIL MEMBER VAN DYKE MOVED TO PASS COUNCIL BILL NO. 90,
SERIES OF 1985, ON FIRST READING. Council Member Vobejda seconded the
motion. Upon a call of the roll, the vote resulted as follows:
Ayes:
Nays:
Absent:
Council Members Higday, Van Dyke, Vobejda, Weist,
Bradshaw, Otis.
None.
Council Member Bilo.
The Mayor declared the motion carried.
* * * * * * *
City Manager McCown presented a recommendation from the Planning
and Zoning Commission to approve an amendment to the Broadway Planned
Development in the 5300 block of South Broadway. The developer would add
unlighted tennis courts on the eastern-most portion of the property.
I
MAYOR PRO TEM BRADSHAW MOVED TO APPROVE THE AMENDMENT TO THE
BROADWAY PLAtlNED iJEVELOPMEUT WITH THE ADDITIOtlS ,LISTED IN AGENDA ITEM
11(~). Council Member Weist seconded the motion. Upon a call of the
roll, the vote resulted as follows:
Ayes:
Nays:
Absent:
Council Members Higday, Van Dyke, Vobejda, Weist,
Bradshaw, Otis.
None.
Council Member Bilo.
The Mayor declared the motion carried.
* * * * * * *
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November 4, 1985
Page 20
MAYOR PRO TEM BRADSHAW MOVED TO REANNOUNCE THE PUBLIC HEARING
FOR THE CHASEWOOD PUD TO BE HELD ON MONDAY, NOVEMBER 25, 1985, AT 7:30
P.M. TO RECEIVE NEW INFORMATION AND ANSWERS TO COUNCIL CONCERNS EXPRESSED
AT THE HEARING. Council Member Weist seconded the motion. Upon a call
of the roll, the vote resulted as follows:
ADJOURN.
Ayes:
Nays:
Absent:
Council Members Higday, Van Dyke, Vobejda, Weist,
Bradshaw, Otis.
None.
Council Member Bilo.
The Mayor declared the motion carried.
* * * * * *
There being no further business, COUNCIL MEMBER HIGDAY MOVED TO
The Mayor adjourned the meeting without a vote at 9:20 p.m.
Q ~~~ , ~ep ut y C1tyerk
•
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REGULAR MEETING:
•
• •
COUNCIL CHAMBERS
City of Englewood, Colorado
November 18, 1985 Sb
The City Council of the City of Englewood, Arapahoe County,
Colorado, met in regular session on November 18, 1985, at 7:30 p.m.
Mayor Otis, presiding, called the meeting to order.
The invocation was given by Reverend Jim Cla~k, Mayflower Con-
gregational Church, 3001 South Acoma Street. The pledge of allegiance
was led by Boy Scout Troop 1151.
Mayor Otis asked for roll call. Upon a call of the roll, the
following were preEent:
Council Members Higday, Van Dyke, Vobejda, Weist, Bilo,
Bradshaw, Otis.
The Mayor declared a quorum present.
* * * * * * *
Also present were: City Manager McCown
City Attorney Olsen
* * *
Assistant Director of Community Develop-
ment (Planning) D. Romans
Deputy City Clerk Owen
* * * *
MAYOR PRO TEM BRADSHAW MOVED TO APPROVE THE MINUTES OF THE 7:30
P.M. SPECIAL MEETING OF OCTOBER 28, 1985. Council Member Bilo seconded
the motion. Upon a call of the roll, the vote resulted as follows:
Ayes:
Nays:
Council Members Higday, Van Dyke, Vobejda, Weist,
Bilo, Bradshaw, Otis.
None.
The Mayor declared the motion carried.
* * * * * * *
COUNCIL MEMBER WEIST MOVED TO APPROVE THE MINUTES OF THE 10:30
P.M. SPECIAL MEETING OF OCTOBER 28, 1985. Mayor Pro Tern Bradshaw
•
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Nov ember 18, 19R5
Pag e 2
seconded the motion. Upon a call of the roll, the vote resulted as fol-
lows:
•
Ayes: Council Members Higday, Van Dyke, Vobejda, Weist,
Bilo, Bradshaw, Otis.
Nays: None.
The Mayor declared the motion carried.
* * * * * * *
There were no pre-scheduled visitors.
* * * * .. * *
Th .ere were no other visitors.
* * * * * * *
MAYOR PRO TEM BRADSHAW MOVED TO ACCEPT WITH REGRET THE LETTER
FROM ELIZABETH R. BEIER RESIGNING FROM THE ENGLEWOOD HOUSING AUTHORITY,
AND THAT A LETTER OF THANKS FOR SERVICE BE FORWARDED TO MS. BEIER. Coun-
cil Member Vobejda seconded the motion. Upon a call of the roll, the
vote resulted as follows:
Ayes:
Na;rs:
Council Members Higday, Van Dyke, Vobejda, Weist,
Bilo, Bradshaw, Otis.
None.
The Mayor declared the motion carried.
* * * * * * *
MAYOR PRO TEM BRADSHAW MOVED TO ACCEPT THE MEMORANDUM ON THE
SUBJECT OF THE URBAN RENEWAL AUTHORITY BUDGET FOR THE YEAR 1986. Council
Member Bilo seconded the motion. Upon a call of the roll, the vote re-
sulted as follows:
Jl.yes:
Nays:
Council Members Higday, Van Dyke, Vobejda, We ist,
Bilo, Bradshaw, Otis.
~lone.
The Mayor declared the motion carried.
* * * * * *
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Nov emb e r 18, 1985
Page 3
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Consent Agenda items were:
(a)
(b)
(C)
(d)
(e)
(f)
(g)
(h)
Minutes of the Englewood Housing Authority meeting of
September 25, 1985.
Minutes of the Planning and zoning Commission meeting
of October 22, 1985.
Ordinance on final reading amending the Englewood
Municipal Code in order to clarify curfew hours for
the City of Englewood.
Ordinance on final reading approving an agreement
between the City oof Englewood and the Arapahoe ·Library
District for reciprocal borrowing services.
Ordinance on final reading approving an agreement
between the City of Englewood and the Regional Trans-
portaion District to install a passenger shelter on
the northwest corner of South Acoma Street and the
Englewood Parkway.
Ordinance on final reading repealing and reenacting
the Englewood Municipal Code relating to sales and use
tax billing and collection within the City of Engle-
wood to bring the City in compliance with House Bill
1007, the sales tax simplication bill.
Ordinance on final reading adopting the budget for the
fiscal year 1986 :in the amount of $31,350,898.
Ordinance on fin~l reading appropriating monies for
fiscal year 1986.
MAYOR PRO TEM BRADSHAW MOVtD TO ACCEPT CONSENT AGEMDA ITEMS
9(A)-9(H). Council Member Bilo seconded the motion. Upon a call of the
roll, the vote resulted as follows:
Ayes:
Nays:
Council Members Higday, Van Dyke, Vobejda, Weist,
Bilo, Bradshaw, Otis.
None.
' The Mayor declared the motion carried.
Consent agenda item (c) was numbered Ordinance No. 71, (d) was
numbered Ordinance No. 72, (e) was numbered Ordinance No. 73, (f) was
numbered Ordinance No. 74, (g) was numbered Ordinance No. 75, (h) was
numbered Ordinance No. 76, all Series of 1985 •
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No vemb e r 18, 1985
( Pag e 4
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COUNCIL MEMBER WEIST MOVED TO OPEN A PUBLIC HEARING TO CONSIDER
AN ORDINANCE ON FINAL READING AMENDING THE COMPREHENSIVE ZONING ORDINANCE
BY INCLUDING A SECION ON SATELLITE DISH ANTENNAS. Mayor Pro Tern Bradshaw
seconded the motion. Upon a call of the roll, the vote resulted as fol-
•
lows:
Ayes:
Nays:
Council Members Higday, van Dyke, Vobejda, Weist,
Bile, Bradshaw, Otis.
None.
The Mayor declared the motion carried.
Assistant Director of Community Development Dorothy Romans pre-
sented the staff report and proposed amendment on controlling satellite
d i sh antennas. Assistant Director Romans submitted the notice of public
hearing for the record. Ms. Romans stated the purpose of the ordinance
was to set standards applicable to all zoned districts in the City of
Englewood. Ms. Romans stated existing dishes would remain as currently
installed, and only those newly installed dishes and relocated dishes
would be required to meet these standards. Ms. Romans noted that various
satellite dish antenna vendors provided input into this process and the
proposed ordinance is a product of the efforts of staff, the commission,
and vendors.
There was no one present to speak in favor or against the ordi-
nance.
MAYOR PRO TEM BRADSHAW MOVED TO CLOSE THE PUBLIC HEARING. Coun-
cil Member Bilo seconded the motion. Upon a cafl of the roll, the vote
resulted as follows:
Ayes:
Nays:
Council Members Higday, Van Dyke, Vobejda, Weist,
Bilo, Bradshaw, Otis.
None.
The Mayor declared the motion carried.
'
Council Member Vobejda edited the defi~ition of ground-mount to
mea n: "The typical ground-mount satellite has tWe antenna mounted on a
pole which is at least three feet deep in the ground, encased in concrete
at least eight inches in diameter. The cable to the receiver is buried
in the ground between the antenna and the struct.ure".
BY AUTHORITY
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No v ember 18, 1985
Pag e 5
ORDINANCE NO. 77
SERIES OF 1985
•
• ..
COUNCIL BILL NO. 80
INTRODUCED BY COUNCIL
MEMBER VOBEJDA
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE (TITLE XVI OF
ENGLEWOOD MUNICIPAL CODE) BY ADDING A NEW SECTION 16.4-21, SATELLITE DISH
ANTENNAS.
COUNCIL MEMBER VOBEJDA MOVED TO PASS COUNCIL BILL NO. 80, SERIES
OF 1985, Otl FINAL READING TO INCLUDE THE EDITORIAL CHANGE AS NOTED BY
COUNCIL MEMBER VOBEJDA. Council Member Van Dyke seconded the motion.
Upon a call of the roll, the vote resulted as follows:
Ayes:
Nays:
Council Members Higday, Van Dyke, Vobejda, We ist,
Bilo, Bradshaw, Otis.
None.
The Mayor declared the motion carried.
• • • • • • •
COUNCIL MEMBER WEIST MOVED TO OPEN THE PUBLIC HEARING TO CON-
SIDER AN ORDINANCE ON FINAL READING AUTHORIZING THE ISSUANCE OF MULTI-
FAMILY HOUSING REVENUE BONDS IN THE AMOUNT OF $12,200,000 FOR THE MARKS
DEVELOPMENT, PHASE 1. Mayor Pro Tern Bradshaw seconded the motion. Upon
a call of the roll, the vote resulted as follows:
Ayes:
Nays:
Council Members Higday, Van Dyke, Vobejda, Weist,
Bilo, Bradshaw, Otis.
None.
The Mayor declared the motion carried.
Jack Bruggeman, senior vice president for Hanifen, Imhoff, Inc
presented the ordinan c e. Mr. Bruggeman noted the issuancP was subject to
th e favorable approval at the hearing on November 25, 1985.
Rick Bowles, attorney for Sherman & Howard and bond counsel for
this issue, came forward and explained the issue.
There was no one in the audience wishing to speak either in
favor or against the ordinance.
COUNCIL MEMBER VOBEJDA MOVED TO CLOSE THE PUBLIC HEARING. Coun -
cil Member Van Dyke seconded the motion. Upon a call of the roll, the
vote resulted as follows:
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NOVP mbc r 18, l9R5
Pa g e 6
Ayes:
Nays:
•
• •
Council Members Higday, Van Dyke, Vobejda, Weist,
Bilo, Bradshaw, Otis.
None.
The Mayor declared the motion carried.
ORDINANCE NO. 78
SERIES OF 1985
BY AUTHORITY
COUNCIL BILL NO. 91
INTRODUCED BY COUNCIL
MEMBER BRADSH}'.W
AU ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF THE CITY OF ENGLEWOOD,
COLORADO, VARIABLE RATE DEMAND MULTI-FAMILY HOUSING REVENUE BONDS (THE
MARKS APARTMENTS) 1985 SERIES A, IN THE AGGREGATE PRINCIPAL AMOUNT OF
Sl2,200,000 TO FINANCE RESIDENTIAL FACILIITES FOR LOW-AND MIDDLE-INCOME
FAMILIES AND PERSONS; RATIFYING CERTAIN ACTION HERETOFORE TAKEN; AU-
THORIZING THE EXECUTION AND DELIVERY BY THE CITY OF A LOAN AGREEMENT,
INDENTURE OF TRUST, LAND USE RESTRICTION AGREEMENT, BOND PURCHASE AGREE-
MENT, SUCH BONDS AND CLOSING DOCUMENTS IN CONNECTION THEREWITH; MAKING
DETERMINATIONS AS TO "LOW-AND MIDDLE-INCOME FAMILIES AND PERSONS," AS TO
THE SUFFICIENCY OF REVENUES AND AS TO OTHER MATTERS RELATED TO THE RESI-
DENTIAL FACILITIES; AND REPEALING ACTION HERETOFORE TAKEN IN CONFLICT
HEREWITH.
MAYOR PRO TEM BRADSHAW MOVED TO PASS COUNCIL BILL NO. 91, SERIES
OF 1985, ON FINAL READING. Council Member Van Dyke seconded the motion.
Upon a call of the roll, the vote resulted as follows:
Ayes:
Nays:
Council Members Van Dyke, Vobejda, Weist,
Bilo, Bradshaw, Otis.
Council Member Higday.
The Mayor declared the motion carried.
* * * * * * *
COUNCIL MEMBER WEIST MOVED TO OPEN THE PUBLIC HEARING TO CON-
SIDER AN ORDINANCE ON FINAL READIN~ AUTHORIZING THE ISSUANCE OF MULTI-
FAMILY HOUSING REVENUE BONDS IN THE AMOUNT OF $18,100,000 FOR THE MARKS
DEVELOPMENT, PHASE 2. Mayor Pro Tern Bradshaw seconded the motion. Upon
a call of the roll, the vote resulted as follows:
Ayes: Council Members Higday, Van Dyke, Vobejda, Weist,
Bilo, Bradshaw, Otis • I • •
•
November 18, 1985
Pag e 7
Nays: None.
•
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The Mayor declared the motion carried.
Jack Bruggeman, senior vice president of Hanifen, Imhoff, stipu-
lated to the same comments that were given at the previous hearing, ex-
cept these funds were to finance the second portion of the development.
There was no onP in the audience wishing to speak either in
favor or against the ordinance.
COUNCIL MEMBER VAN DYKE MOVED TO CLOSE THE PUBLIC HEARING.
Council Member Vobejda seconded the motion. Upon a call of the roll, the
vote resulted as follows:
Ayes:
Nays:
Council Members Higday, Van Dyke, Vobejda, Weist,
Bilo, Bradshaw, Otis.
none.
The Mayor declared the motion carried.
ORDINANCE NO. 79
SERIES OF 1985
BY AUTHORITY
COUNCIL BILL NO. 92
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF THE CITY OF ENGLEWOOD,
COLORADO, VARIABLE RATE DEMAND MULTI-FAMILY HOUSING REVENUE BONDS (THE
MARKS APARTMENTS) 1985 SERIES A, IN THE AGGREGATE PRINCIPAL AMOUNT OF
$12,200,000 TO FINANCE RESIDENTIAL FACILIITES FOR LOW-AND MIDDLE-INCOME
FAMILIES AND PERSONS; RATIFYING CERTAIN ACTION HERETOFORE TAKEN; AU-
THORIZING THE EXECUTION AND DELIVERY BY THE CITY OF A LOAN AGREEMENT,
INDENTURE OF TRUST, LAND USE RESTRICTION AGREEMENT, BOND PURCHASE AGREE-
MENT, SUCH BONDS AND CLOSING DOCUMENTS IN CONNECTION THEREWITH; MAKING
DETERMINATIONS AS TO "LOW-AND MIDDLE-INCOME FAMILIES AND PERSONS," AS TO
THE SUFFICIENCY OF REVENUES AND AS TO OTHER MATTERS RELATED TO THE RESI-
DENTIAL FACILITIES; AND REPEALING ACTION HERETOFORE TAKEN IN CONFLICT
HEREWITH.
MAYOR PRO TEM BRADSHAW MOVED TO PASS COUNCIL BILL NO. 92, SERIES
OF 1985, ON FINAL READING. Council Member Van Dyke seconded the motion.
Upon a call of the roll, the vote resulted as follows:
Ayes:
Nays:
Council Members Van Dyke, Vobejda, Weist,
Bilo, Bradshaw, Otis.
Council Member Higday.
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Hovemb Pr 18, 1985
P agP 8
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The Mayor dPclared the motion carried.
* * * * * * *
MAYOR PRO TEM BRADSHAW MOVED TO OPEN THE PUBLIC HEARING TO CON-
SIDER AM ORDINANCE ON FINAL READING WITHDRAWING NEW HIRE POLICE OFFICER S
FROM THE STATE FIRE AND POLICE PENSION ASSOCIATION EFFECTIVE JANUARY 1,
1986 AND ESTABLISHING A MONEY PURCHASE PLAN WITH THE INTERNATIONAL CITY
MA!lAGEMENT ASSOCIATION. Council Member Vobejda seconded the motion.
Upon a call of the roll, the vote resulted as follows:
Ayes:
t-lays:
Council Members Higday, Van Dyke, Vobejda, Weist,
Bilo, Bradshaw, Otis.
None.
The Mayor declared the motion carried.
City Manager McCown presented the ordinance and noted there was
an error by adding Career Service System terminology.
There was no one from the audience wishing to speak either in
favor or against.
City Attorney Olsen recommended consideration of a redrafted
ordinance excluding the mention of Career Service System and to set an-
other public hearing on December 2, 1985.
COUNCIL MEMBER HIGDAY MOVED TO TABLE COUNCIL BILL NO. 88. The
motion died for lack of a second.
ORDINANCE NO.
SERIES OF 1985
BY AUTHORITY
COUNCIL BILL NO. 88
INTRODUCED BY COUNCIL
MEMBER HIGDAY
AM ORDINANCE ELECTING AND APPLYING TO WITHDRAW CERTAIN EMPLOYEES OF THE
POLICE DEPARTMENT OF THE CITY OF ENGLEWOOD, COLORADO, FROM THE FIRE AND
P OL ICE PE NSION ASSOCIATION AND ELECTING NOT TO PARTICIPATE FOR THEM IN
AtJY S TATEWIDE PENSION PLAt! PURSUANT TO C.R.S. 31-30-1001 et. seq., AND,
I-N LIEU THEREOF, ESTABLISHING A MOtlEY PURCHASE PLAN FOR ALL POLICE OFFI-
CERS HIR ED BY THE CITY OF ENGLEWOOD ON OR AFTER APRIL 8, 1978; AND AP-
PROVING A COUTRACT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD POLICE
ASSO CI ATION RE-ENFORCING THE HONEY PURCHASE PLAN AS A NOll-NEGOTIABLE
SUBJECT OF COLLECTIVE BARGAINING, AND DECLARING AN EMERGENCY •
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N ovembE>r 18, lq8 5
P agE> 9
COutlCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 88, SERIES OF
198 5 , ON FINAL READING. Council Member Vobejda seconded the motion.
Upon a call of the roll, the vote resulted as follows:
Ayes: None.
Nays: Council Members Higday, Van Dyke, Vobejda, Weist,
Bilo, Bradshaw, Otis.
The Mayor declared the motion~·~
BY AUTHORITY
ORDINANCE NO.
SERIES OF 1985
COUNCIL BILL NO. 88.1
INTRODUCED BY COUNCIL
MEMBER HIGDAY
AN ORDINANCE ELECTING AND APPLYING TO WITHDRAW CERTAIN EMPLOYEES OF THE
POLICE DEPARTMENT OF THE CITY OF ENGLEWOOD, COLORADO, FROM THE FIRE AND
POLICE PENSION ASSOCIATION AND ELECTING NOT TO PARTICIPATE FOR THEM IN
ANY STATEWIDE PENSION PLAN PURSUANT TO C.R.S. 31-30-1001 et. seq., AND,
IN LIEU THEREOF, ESTABLISHING A MONEY PURCHASE PLAN FOR ALL POLICE OFFI-
CERS HIRED BY THE CITY OF ENGLEWOOD ON OR AFTER APRIL 8, 1978; AND AP-
PROVING A CONTRACT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD POLICE
ASSOCIATION EN-ENFORCING THE HONEY PURCHASE PLAN AS A NON-NEGOTIABLE
SUBJECT OF COLLECTIVE BARGAINING, ANO DECLARING AN EMERGENCY.
COUNCIL MEMBER HIGOAY MOVED TO PASS COUNCIL BILL NO. 88.1,
SERIES OF 1985, ON FIRST ~EADING, AND TO SET A PUBLIC HEARING ON THIS
MATTER ON MONDAY, DECEMBER 2, 1985, AT 7:30 P.M. Council Member Bilo
seconded the motion. Upon a call of the roll, the vote resulted as fol-
lows:
Ayes:
Nays:
Council Members Higday, Van Dyke, Vobejda, Weist,
Bilo, Bradshaw, Otis.
Non e.
The Mayor declared the motion carried.
* * * * * * *
Dan O'Meara, attorney for Kutak, Rock & Campbe ll, and Dick
Clark, Chief Financial Officer for Swedish Hospital, came forward and
presented an ordinance on final reading on the issuance of industrial
dev el opmen t bonds.
Council Member Van Dyke queried Hr. Clark about the land lease •
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N0vem b e r 18, 19R 5
P a g e 10
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Mr. Clark stated the lease would be for 40 years, and at the end
of th e lease term the building ownership would revert to the hospital.
Council Member van Dyke asked how the issue would benefit the
City.
Hr. O'Meara stated some advantages of this issue would be the
increase in property tax and the revenues received from taxes paid on
building materials for the renovation.
Hr. Clark stated the maintenance of the building h a s been a
liability and paid for by patient charges. The new building would reduce
this liability.
ORDINANCE NO. 80
SERIES OF 1985
BY AUTHORITY
COUNCIL BILL NO. 93.1
INTRODUCED BY COUNCIL
MEMBER VOBEJDA
AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF $8,500,000 FLOATING
RATE DEMAND INDUSTRIAL DEVELOPMENT REVENUE BONDS (SWEDISH MOB I, LTD.
PROJECT) SERIES 1985 TO FINANCE THE ACQUISITION, CONSTRUCTION, IMPROVE-
MENT AND EQUIPPING OF A MEDICAL OFFICE BUILDING; RATIFYNIG CERTAIN
ACTIONS HERETOFORE TAKEN; AUTHORIZING THE EXECUTION AND DELIVERY BY THE
CITY OF THE BONDS, A LOAN AGREEMENT AND AN INDENTURE OF TRUST, AND CLOS-
ING DOCUMENTS IN CONNECTION THEREWITH; APPROVING THE FORM OF CERTAIN
ANCILLARY DOCUMENTS; AND REPEALING ANY ACTION HERETOFORE TAKEN IN CON-
FLICT HEREWITH.
COUNCIL MEMBER VOBEJDA MOVED TO PASS COUNCIL BILL NO. 93.1,
SERIES OF 1985, ON FINAL READING. Council Member Weist seconded the
motion.
Mayor Pro Tern Bradshaw, Council Member Van Dyke, and Council
Member Bilo spoke ih opposition to these means of financing in support of
private industry and because there appeared to be minimal advantages to
the City.
Council Membe r We ist spoke in favor of the issue from the stand-
point of supporting the hospital which in turn contributes to the com-
mun i ty.
' I
Upon a cal~ of the roll, the vote resulted as follows:
Ayes: Council Members Higday, Vobejda, Weist, Otis.
Nays: Council Members van Dyke, Bilo, Bradshaw.
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No vembe r lR, 1985
('" P agP 11
The Mayor declared the motion carried •
• • • • • • •
City Manager McCown presented a recommendation exempting the
City of competitive bid requirements for purchase of certain supplies,
materials and equipment for resale.
ORDINANCE NO.
SERIES OF 1985
BY AUTHORITY
A BILL FOR
COUNCIL BILL NO. 83
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
AN ORDINAtlCE ADDING SUBSECTION C TO SECTION 4-1-3-1 OF THE 1985 ENGELWOOD
MUNICIPAL CODE, TO Ell1\BLE CITY COutlCIL TO AUTHORIZE THE CITY MANAGER TO
PURCHASE GOODS UPON THE OPEN MARKET OR THROUGH NEGOTIATIONS AND WITHOUT
RECEIVNG SEALED, COMPETITIVE BIDS THEREFOR, BUT ONLY AS TO GOODS THAT ARE
PURCHASED FOR RESALE BY THE CITY.
•
M1\YOR PRO TEM BRADSHAW MOVED TO PASS COUNCIL BILL NO. 83, SERIES
OF 1985, ON FIRST READING. Council Member Vobejda seconded the motion. ()
Upon a call of the roll, the vote resulted as follows:
council Members Higday, van Dyke, Vobejda, Weist,
Bilo, Bradshaw, Otis. Ayes:
Nays: none.
The Mayor declared the motion carr~ed •
• • • • • •
City Attorney Olsen presented a resolution requesting the corps
of Engineers to construct a bypass around Union Avenue Dam to lessen the
danger to boaters, floaters, and kayakers who may attempt to otherwise
pass over the dam.
RESOLUTION NO . 50
SERIES OF 1985
A RESOLUTION REQUESTING THE CORPS OF ENGINEERS AND/OR STATE OF COLORADO
TO CONSTRUCT A WHITEWATER BYPASS AROUND UNION AVENUE DAM.
MAYOR PRO TEM BRADSHAW MOVED TO PASS RESOLUTION NO. SO, SERIES
OF 1985. council Member vobejda seconded the motion. Upon a call of the
roll, the vote resulted as follows:
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NO VPmber 18, 1985
Pag P 12
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Ayes:
Nays:
Council Members Higday, Van Dyke, Vobejda, Weist,
Bilo, Bradshaw, Otis.
None.
The Mayor declared the motion carried •
• • • • • • •
City Manager McCown presented the six-quarter budget for the
period October 1985 through March 1987. Mr. McCown noted two additions
to the 1986 changes were $100,000 for the communication equipment and
$35,000 for the greenway trail system for the area south ,of Oxford.
RESOLUTION NO. 51
SERIES OF 1985
A RESOLUTION AMENDING THE PUBLIC IMPROVEMENT FUND.
MAYOR PRO TEM BRADSHAW MOVED TO PASS RESOLUTION NO. 51, SERIES
OF 1985. Council Member Bilo seconded the motion. Upon a call of the
roll, the vote resulted as follows:
Ayes:
Nays:
Council Members Higday, Van Dyke, Vobejda, Weist,
Bilo, Bradshaw, Otis.
None.
The Mayor declared the motion carried •
• • • • • • •
Dorothy Dalquist presented a resolution recogn1z1ng the support
of the City of Englewood for cleaning up air pollution.
Council Member Bilo stated DRCOG supported the clean air cam-
paign.
RESOLUTION NO. 52, SERIES OF 1985
A RESOLUTION ENDORSING THE METROPOLITAN AREA BETTER AIR CAMPAIGN AND
URGING ENGLEWOOD RFSIDENTS TO CURTAIL THEIR DRIVING ON HiGH POLLUTION
DAYS.
COUNCIL MEMBER HIGDAY MOVED TO PASS RESOLUTION NO. 52, SERIES OF
1985. Council Member Van Dyke seconded the motion. Upon a call of the
roll, the vote resulted as follows:
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No vember 18, 1985
Pa g e 13
Ayes:
Nays:
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Council Members Higday, Van Dyke, Vobejda, Weist,
Bilo, Bradshaw, Otis.
None.
The Mayor declared the motion carried.
City Manager McCown discussed his plans to require that non-
emergency employees, working out in the field, shorten their time in the
field and lengthen their time in the office on high pollution days.
* * * * * * *
City Manager McCown presented a proposal establishing a money
purchas e plan for department heads without increasing employee benefit
costs to the City.
RESOLUTION NO. 53
SERIES OF 1985
A RESOLUTION APPROVING ESTABLISHMENT OF A MONEY PURCHASE PLAN FOR MANAGE-
ME~lT STAFF OF THE CITY OF ENGLEl-100D.
COUNCIL MEMBER VOBEJDA MOVED TO PASS RESOLUTION NO. 53, SERIES
OF 1985. Council Member Bilo seconded the motion. Upon a call of the
roll, the vote resulted as follows:
Ayes:
Nays:
Council Members Higday, Van Dyke, Vobejda, Weist,
Bilo, Bradshaw, Otis.
None.
The Mayor declared the motion carried.
* * * * * * *
City Manager McCown presented a recommendation accepting an
easement grant and right-of-way in the 2300-2400 blocks of West Union
Avenue.
RESOLUTION NO. 54
SERIES OF 1985
A RESOLUTION ACCEPTING EASEMENT FOR RIGHT-OF-WAY PURPOSES FROM THE PUBLIC
SERVICE COMPANY TO THE CITY OF ENGLEWOOD IN THE 2300-2400 BLOCKS OF WEST
UNION AVENUE IN THE CITY OF ENGLEWOOD FOR A LEFT TURN POCKET AT COLORADO
DISPOSAL, INC. TRASH TRANSFER STATION. I • •
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tlo vemb e r 18, 1985
Pag e> 14
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...
COUNCIL MEMBER VAN DYKE MOVED TO PASS RESOLUTION NO. 54, SERIES
OF 1985. Mayor Pro Tem Bradshaw seconded the motion. Upon a call of th e
roll, the vote resulted as follows:
Ayes:
Nays:
Council Members Higday, Van Dyke, Vobejda, Weist,
Silo, Bradshaw, Otis.
None.
The Mayor declared the motion carried •
• • • • • • •
Assistant Director of Community Development (Planning) Dorothy
Romans came forward and presented a request for approval of a subdivision
plat of property on which General Iron Works operates.
MAYOR PRO TEM BRADSHAW MOVED TO APPROVE THE GENERAL IRON SUB-
DIVISION PLAT. Council Member Bilo seconded the motion. Upon a call of
the roll, the vote resulted as follows:
Ayes:
Nays:
Council Members Higday, Van Dyke, Vobejda, Weist,
Bilo, Bradshaw, Otis.
None.
The Mayor declared the motion carried •
• • • • • • •
Assistant Director Romans presented the Planning and Zoning
Commission's findings of fact and conclusion approving the Tidwell Sub-division.
MAYOR PRO TEM BRADSHAW MOVED TO APPROVE THE TIDWELL SUBDIVISION.
Council Member Weist seconded the motion. Upon a call of the roll, the
vote resulted as follows:
Ayes:
Nays:
Council Members Higday, Van Dyke, Vobejda, Weist,
Bilo, Bradshaw, Otis.
None.
The Mayor declared the motion carried.
• • • * • • *
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Novembrr 1 8 , 198 5
( Pag e 1 5
•
Assistant Director Romans presented the Planning and Zoning
Commission's recommendation to approve the Tidwell Planned Development in
the 4800 block of the east side of South Decatur Street.
RESOLUTION NO. 55
SERIES OF 1985
A RESOLUTION ADOPTING THE DECISION AND RECOMMENDATION OF •THE ENGLEWO OD
PLANNING AND ZONING COMMISSION REGARDING THE TIDWELL PLANNED DEVELOPM ENT
(CASE NO. 30-8 5 ) IN THE 4800 BLOCK OF SOUTH DECATUR STREET FO R 1 2 SI NGL E-FAMILY PATIO HOMES.
COUNCIL MEMBER WEIST MOVED TO PASS RESOLUTION NO. 55, SERIES OF
1985. Council Member Van Dyke seconded the mot i on. Upon a call of the
roll, th e vote resulted as follows:
Ayes:
Nays:
Council Me mbe r s Higday, Van Dyk e , Vobe j da, We ist,
B i lo, Bradshaw, Otis.
None.
The Ma yor declared the motion carried.
• • • • • • •
MAYOR PRO TEM BRADSHAW MOVED TO SET A PUBLIC HEARING ON MORTGAG E
RE VENUE BONDS ON MONDAY, DECEMBER 16, 1985, AT 7:30 P.M. Council Member
Van Dyke seconded the mot i on. Upon a call of the roll, the vote resulted as follow s:
Ay es:
Nays:
Council Members Higday, Van Dyke, Vobejda, Weist,
Bi lo, Bradshaw, Otis.
Non e .
The Ma yo r d ec l ared t h e motion carried •
• • • • • • •
Council agreed to hold a study session on Monday, November 25,
1 9 85, at 5:00 p .m. to discuss the land swap that is b eing p r o posed by
Pa rk Floral in t h e rel o cation of its business .
RESOLUTION NO. 56
SERIES OF 19 8 5
* • • • • • *
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Novembpr lB, 198 5
Pag e 16
A RESOLUTION ESTABLISHING ANNUAL SALARIES FOR THE CITY MANAGER, CITY
ATTORNEY, MUNICIPAL COURT JUDGE AND ASSOCIATE JUDGES FOR THE CALENDAR
YEAR 1986.
MAYOR PRO TEM BRADSHAW MOVED TO
OF 1985, SETTING THE FOLLOWING SALARIES:
MU!IICIPAL COURT JUDGE AT $50, 100/ANNUAL;
CITY MANAGER AT $68,000/ANNUAL. Council
tion. Upon a call of the roll, the vote
PASS RESOLUTION NO. 56, SERIES
ASSOCIATE JUDGE AT $250/DAY;
CITY ATTORNEY AT $63 ,000~; /t(A1 /J,~
Member Higday seconded the roo-
resulted as follows:
Ayes: Council Members Higday, Van Dyke, Vobejda, Weist,
Bilo, Bradshaw, Otis.
Nays: None.
~he Mayor declared the motion carried.
* • • * * * *
City Attorney Olsen asked Council consider setting salaries fo r
his office staff at the next study session.
* • • * * * *
.There being no further business, COUNCIL MEMBER HIGDAY MOVED TO
ADJOURN. The Mayor adjourned the meeting without a vote at 9:30p.m. r;__ eX (a,IU.!
putyClty Clerk
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COLUMBINE SURVEYING,IN
3259 West Hampden Avenue
Englewood, Colorado 80110
761-2962
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••w le g•l •etlan oued upon •n v d efect In tn ls Improvement
l oc&tlon c e rtlflute wlln ln t l• .,. .. ,. after you flr u dl~eover
t ucn def ect. In no tven t, m •y an y 1cllon O&Md upon any
dllect I n thh Improvem e nt lO Ca tion c:erUfiCIII be c ommenc10
m ore tn•n ten VNrl I rom'"' 0 111 nf ttle ca.rtiUUtl r,~n •hOWft
hlt eon .
IMPROVEMENT LOCATION CERTIFICATE
I hereby certify that this im provement location certificate wu proparod for
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that ot is not a la nd survey plat or improvement survoy plat , and that it is not to be reliod upon for the utU>Iithment of fence ,
build ing , or othor future im provement lines .
I furth er certify that the improvements on t he above described porcel on this date , August 11, 1985
except utility connections, are entirely with in the boundaries of the parcel , except u shown, that there are no encroachments
upon the described premises by improvements on any ldjoining premises, except as indicltld , and th1t there is no app1rent
ev idence or sign of any easement crossing or burdening any part of aaid parcel , except as noted .
BUYER :
ADDRESS :
TITLE CO :
CASE NO :
ORDER NO :
Pi ICE :
•
Elsay
3986 & 3996 South Broadway
Stewart Title
8 504049 2
085-118
$17S.OO
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C 0 U N C I L
DATE 11/20/85
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C 0 M M U N I C A T I 0 N
AGENDA ITEM
'")
SOBJECT . Shelter Reservation and Fee
Pol icy for the City of Engle-
INITIATED BY Parks and Recreation Department
ACTION PROPOSED None; This communication is provided to Council as an explanation
of the Parks & Recreation Department's procedure for issuance of reservations and permit
fees for ark shelter usa
Introduction:
Over the past several months, beginning in August 1985, the City has studied facility
and shelter reservations and fee systems of other large park and recreation departments
in the Denver Matro area to determine what changes or alternatives the Englewood Par ks
Division might implement to make our system more functional and perhaps provide some
revenue to the City.
Surveys analysis showed that most larger departments in the Denver Metro area have a
permit and fee system for shelter reservations and require permits but no fees for
schools and daycare usage of park facilities.
Background:
City Counci 1 recently directed that the Parks and Recreation Department implement a fee
system for shelter reservations. A s y stem for park shelter reservations and fees was
presented to the Parks and Recr eation Commission at the November 14 meeting.
After discussion, it was the concensus of the Comm iss ion, by unanimous vote, that the
shelter reservation fees and park facility permit system be handled as follows:
1. Any group or person reserving a shelter must pay a $25.00 permit fee. Any school
daycare or youth group of 25 or more persons using any park area are r equ i red to
have a permit. No fees are required for schools, daycares or youth grou ps, how-
ever the $25.00 permit is required if a shelter is reserved. A reservation card
is provided with every paid shelter permit. Th is card must be posted at the
shelter reserved eight (8) hours in advance by the reserving party.
2. Reservations are on a first come -first serve basi s. Reservations can be made
by phone, however, the permit must be picked up and fees paid within 48 hours of
the phone reservations. Reservations can also be made in person at the City
Hall Parks and Recreation offices.
3. Shelter permits are for a maximum of five (5) hours use per day and are no n-
refundable.
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-2-
4. An information flyer will accompany each permit stating rules regarding permit
issuance, fee exemptions, and special request of the user. See attached flyer.
5. Shelter fee exemptions are allowed only to City sponsored programs or Englewood
school programs or functions, however, a permit is required for these programs.
6. Shelters can be used by groups or individuals on a drop-in basis, however,
reservations with a permit take precedence over any and all other use.
7. We will use existing permit slips since we have a 3 year supply.
typed in the upper left hand corner. Payment of the fee will be
the person issuing the permit by writing directly on the permit.
(2-copy form) is a receipt for the City's records and provides a
permitee.
Financial:
Fees will be
acknowledged by
The permi t
re cord f or th e
The City may anticipate approximately $10,000 per year from the shelter fee system.
Recommendation:
This information is provided to Council as an explanation of the Parks and Recreation
Department's procedure for issuance of reservations and permit fees for park shelter
usage beginning January I, 1986 .
SUGGESTED ACTION:
MOVED BY
SECOND
YES 0 BSENT
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Informa tion & Requirements
Regarding Your Permi t to Use
Park faoi llty
General Reservat ton lnformat ion
I. Any group or person reserving a she Iter must pay a $25.00 ·permIt fee .
Any school, day care or youth group of 25 or more persons u·slng any park
area are required to have a permit. No fees are required for schools, day
cares or youth groups, however the $25 .00 permit Is require<~ If a shelter
Is reserved. A reservation card Is provided with every shelter permit.
This card must be posted at the shelter reserved eight (8) hours In advance
by the reserving party,
2. Reservations are on a first come-first serve basis . Reservations can be
made by phone, however, the permit must be picked up and fees paid within
~8 hours of the phone reservations. Reservations can also be made In person
at the City Hall Parks and Recreation offices, 3~00 S. Elatl St. fees are
accepted In cash or by check payme nt. OffIce phone -761-11 ~0 ext. 300 .
). Shelter permits are for a maximum of five (5) hours use per day and are non-
refundable.
It. She her fee exempt Ions are a 1 I owed on I y to City sponsored programs or Eng I e-
wood school programs or functions, however, a permit is required for these
programs.
5. Shelters can be used by groups or ind ivi duals on • drop-ln basis, however,
reservations with a permit take precedence over any and all other use .
fac II It I es Ava i I able
Hours
1. Shelters are available at Be lleview (3). Jason, Centenn i al. Cush i ng ,
Bates-Logan and Baker Par ks. Shelters at Centennial, Bate s -Log an and
Baker Parks wi ll only aocomodate 50 people.
2. All shelters ha11e 1 ighrs. at least I serviceable 110 V power outlet
and potable wat er. Tables for 50 people are provided. Large central
barbecue p i ts are ava i lable at Belleview t2 shel te r and Cushing Park
shelter. AI I other shelters have picnic b•rbecues In near vicinity
of the 5helter5.
Puks, •s well u •II park facilities, are open from 6 •.m. to II p .m.
Special Arrangements fo r User Convenience
I. Arrangements to load or unload picnic supplies for shelter u••ge may
be Nde by special reque st to the Puks 'Recreation office . Under
no circumstances will motorized vehicles be allowed to remain In non-
de•lgn•ted parking areas longer th•n 1/2 ho.Jr. Gates or lock• muot be
closed and locked after entry and exit. Veh i cles must stay on surfaced
pathways and off turf areas .
Rules' Regulations
I. General park regulations as listed on the Pork F•c Ill ty U•e PermIt
apply to •II park areas and facilities. Pleue •dhere to •II other
posted regulations.
2. No portable shelters or tent s ma y be set up a s •upplerne ntal areas to
permanent fa c ilit i es.
Cleanup
All sh her a r e a ~ •hould be fr(>t: of litter and cleane d after u !lo lng .
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URBAN RENEWAL AUTHORITY
AUGUST 29 1 1985
I. Call to Order
9 A
The special meeting of the Englewood Urban Renewal Authority was
called to order at 5:40 p.m. by Chairman Robert Voth.
Members Present:
Members Absent:
Also Present:
Totton, Voth, Cole, Minnick, Neal, Novicky
1 Director Powers
VanDyke
Assistant Director H1nson
II. KinQ Sooper's Block
Ms. Powe rs discussed the financing arrangements currently being
formulated by which the Authority could acquire the properties
within the King Sooper 's block from CINDERHAK Associates.
Complications had arisen in secruing the proposed $2.2 million
loan from Key Savings. A consortium of three local banks with
First National Bank of Englewood as the lead bank had
1
however,
agreed to make t he loan. KRAVCO had agreed to carry a $1.4
million note, the balance of the selling price of $3.6 million,
for 60 days w ithout interest. After the bO days, the note would
carry an interest rate of 10% for a period not to exceed three years.
Mr. Totton asked why the selling price was less than the price
which Brady had originally negotiated. Ms. Powers said that
ce rtain leases are still i n place and could not be terminated
Wlthin the time frame we are talking about for closing. There-
fore CI NDERMAK reduced t he asking price and the Authori t y will
assume the respons1bility for term1nat1ng the leases. Discussion ensued.
Minnick moved:
Totton seconded:
AYES:
NAYS:
ABSENT:
ABSTAIN :
The mo t 1on c arried .
The Urban Renewal Author1 t y adopt Resolution
#15 1 Series of 1985, A RESOLUTION OF THE URBAN
RENE WA L AUTHORITY AUTHORIZING T HE PURCHASE OR
CONDEMNATION OF THE FEE SI MPLE INTEREST IN
CERTAIN PROPERTIES IN THE C ITY OF ENGLEWOOD BY
THE ENGLEWOOD URBAN RENEWAL AU T HORITY
I MP LEME NTING THE ENGLEWOOD DOWNTOWN
REDEVELOPMENT PLAN.
Totton, Voth, Cole, Minnick, Neal, Nov1 c ky
None
VanDyke
None
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II. ~uyer's Club Contract
Ms. Powers presented a status report on the Buyer's Club
Contract. She said that a contract had been developed whereby
the site would be sold by the Authority to 3B Corporation and 3B
would lease the site to Buyer's Club and another retail tenant.
She added that a letter of credit has been requested from the
redeveloper and that Ken Bagus had suggested a September 15, 1985
deadline for signing the Agreement. Discussion ensued. Ms.
Powers also mentioned that Gary Diede had contacted the State
Highway Department and learned that the street known as Depot
Road can be leased to Buyer's Club.
Mrs. Cole asked about staff contacts with Bill Gunesch, owner of
the Park Floral site . Ms. Powers responded that Mr. Gunesch's
attorney and real estate agent had been very cooperative.
Mr. Hinson related his correspondence with the railroad regarding
the use of right-of-way as access and a loading zone and fire
lane. He noted that the railroad's response seemed positive . He
also stated that he had contacted the owner of the Tokyo Bowl
property and they expressed an interest in selling the site.
Mr. Totton asked Ms. Powers of the status of the Burger King
propery. She said that the Burger King architects were working on
designs to accomodate the widened roadway.
III. Budget & Refinancing of Bonds
Ms. Powers addressed several areas of the proposed budget tor the
Park Floral site redevelopment which she suggested could be
reduced. Among these areas were storm drainage, land acquis t tion
and administration . She felt that the budget could be reduc ·~d to
$8 1 420 1 000. Discussion ensued.
IV . Officer Selection
Mr . Nov icky announced that he was res i gning t rom the Ur 1an
Renewal Authority and that th i s waul ~ be hi s la s t meet1 19 . He
stated tha t he had received a promot 1on a nd would be moJing t o
Wash i ngton , D .C .
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Ms. Powers noted that the Authority should select a member as
Vice-Chairman to replace Mr . Novicky . Mr. Minnick was nominated
by Mr . Novicky and seconded by Mrs. Cole. Mr. Minnick in turn
nominated Mrs. Cole. Mr. Totton seconded this nomination . Secret
ballots were cast. Hr. Hinson collected the ballots, read each
one aloud, and stated that Mrs. Cole was elected.
Th ·! meeting adjourned at 7:14 p.m .
Wm . Richard Hinson
Assistant Director
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I . CALL TO ORPER.
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URBAN RENEWAL AUTHORITY
October 2 1 1985
9 A I
The regular met•ting of the Englewood Urban Renewal Authority was
cal ed to ordet by Chairman Robert Voth at 5:50 P. H .
Meml •ers p • esent.
Mem b ers at:.sent :
Als •' present:
Minnick, VanDyke, Voth, Cole
Powers, Executive Director
To t ton, Mcintyre
Assistant Director Hinson
Engineering Services Director Diede
II ~ APPROVAL OF MINUTES .
S eptember 4 1 1985 and September 17, 1 9 85
Cole moved :
Mi nnick s e c onded: The Min n te s of September 4 1 1 9 85 and
S e ptemb <·r 17 1 1985 be approved as submitted
AYES:
NAYS:
ABSENT:
AB S TAIN:
Mi nni c k , Cole, VanDyke, Voth
None
T ot ton , Mci ntyre
No ne
Th e mot i on c arr i ed .
I ll . ~w Cather c ontrac t
Col P. move d :
Mi n nic k s r co nd e d :
AYES:
NAYS:
ABSENT:
ABSTAI N :
The motior . carried .
'!'he Urban Renewal Autho r i t y adopt t he De Leuw
<:a t he r Cont r ac t and authorize De Leuw Cathe r
t o p r oceed w it h t he f ir s t phase of t he
contr a ct, pub lic i mp r ovemen t s , f or on e week
unless t h e p u rc h ase contract is n ot signe d by
Buyer's Club.
VanDyke, Voth, Cole, Hinn1ck
None
Totten, Mcintyre
None
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IV. Oueen City Candy Co.
Minn iclc moved:
Cole seconded:
AYES:
NAYS :
ABSENT:
ABSTAIN:
The motion carried.
V. Donovan's
VanDyke moved:
Minnick seconded:
AYES:
NAYS:
ABSENT:
ABSTA.IN:
The motion carried.
The Urban Renewal Authority ag ·eed to pay the
final relocation claim of Queen City Candy Co.
in the amount of $4 1 293.00
VanDyke, Voth, Cole, Minnick
None
Mcintyre, Totton
None
The Urban Renewal Authority d 1r ected Mr .
Hinson to cont~nue negotiations with Mr.
Donovan, owner of Donovan 's Cafe and Deli,to
assume a month to month lease in exchange for
the payment of 3 months rent ($5 1 440 .0 0).
Voth, Cole, Minnick, VanDyke
None
Mcintyre, Totton
None
Vl. Resolution #19. Series of 1985
Cole moved:
Minnic k seconded:
AVES :
Nl\VS :
AB >ENT :
AB iTAIN:
Th · mot i on carried .
The Urban Renewal Authority to adopt
Resolution #19 1 Series of 1985 1 A RESOLUTION
OF THE URBAN RENEWAL AUTHORITY TO DEDrCATE
CERTAIN PARCELS OF LAND ADJACENT TO 4 90 WEST
FLOYD AVENUE (KING SOOPER'S BLOCKl TO THE CITY
OF ENGLEWOOD FOR USE AS STREET RIGHT -OF -WAY.
Voth, Cole, Minnick, VanDyke
None
Totton, Mclntyre
None
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III. Reso u t on .... J!20. Seri•~s of 198~
VanDyke moved:
Minnick se c onded: The Urban Renewal Authority to adopt
Resolution •20, Series of 1965, A RESOLUTION
OF THE URBAN RENEWAL AUTHORITY AUTHORIZING THE
SECURING OF A WAIVER OR CONDEMNATION OF ANY
AND ALL INTERESTS OF PARTIES, OTHER THAN THE
AUTHORITY, IN THE AUTHORITY OWNED PARCEL AT
490 WEST FLOYD AVENUE (BETTER KNOWN AS THE
KING SOOPER'S BLOCK).
~YES : Cole, Minnick, VanDyke, Voth
NAYS: None
ABSENT: Totton, Mcintyre
ABSTAIN: None
The motion carried.
VIII. Resolution •21, Series of 1985
Minnick moved:
Cole seconded :
AYES:
NAYS:
ABSENT:
ABSTAIN:
Th e motion carried.
The Urban Renewal Authority adopl Resolution
#21 , Series of 1985, A RESOLUTION OF THE URBAN
RENEWAL AUTHORITY ASSERTING THAT THE APPRAIS ED
VALUE AS DETERMINED BY JUSTIN H . HAYNES & CO
FOR THE PROPERTY/LEASEHOLD INTEREST AT 490
WE ST FLOYD (TEXACO SERVICE STATION) IS THE
FAIR MARKET VALUE OF SAID PROPERTY/l.EASEHOLD
INTEREST, AND DIRECTING THE AUTHORITY 'S
NEGOTIATOR TO USE SAID FAIR MARKET VALUE AS
THE BASIS OF NEGOTIATIONS TO AC QUI RE SAID
PROPERTY/ LEASEHOLD INTEREST BY THE UR BAN
RENEWAL AUTHORITY.
Minnick, VanDyke , Voth, Cole
None
Mcintyre, Totton
None
IX . Resolution #22. Seoes of ~5.
Col e-move d:
VanDyke s~conded: The Urban Renewal Authority moved t o actopt
Resolution #22 1 Series of 1985, A R£50L UTIO~
OF THE URBAN RENEWAL AUTHORITY THE PU RCHA SE OR
CO NDEMNATION OF ALL LEASEHOLD AND/OR OTHER
INTERESTS IN 1'HE PROPERT1ES A'f 490 WES 'I' FLOYD
AVENUE (BETTER KNOWN AS THE KING SOOPER 'S
BLOCK) BY THE ENGLEWOOD URBAN RENEWAL
AUTHORITY IMPLEMENTING THE ENGLEWOOD DOWNTOWN
REDEVELOPMENT PLAN .
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AYES ·
NAYS
ABSENT:
ABSTl\IN:
The 110tion c arried
IX .~!journment
VanDyke moved:
MinnLck !':1~conded:
AYES :
NAY S:
ABSENT:
ABSTAIN:
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Minnick, VanDyke, Voth, Cole
None
Totton, Mcintyre
None
The mee ti n g be adjourned .
Cole, Minnick, VanDyke, Volh
None
Mcintyre, Totton
None
The motio t carried; the me eti ng was adjourned at 8:10 P . M .
...---:·
' .... / ). ;{_ -[_LA.~ //,'. ?-c Z:/G: z/ __ _
Cha r lotte M. Pritchard
Recard1ng Secretary
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ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY
3535 S . Sherman -Englewood , CO 80110
Minutes
October 9, 1985
9
Board Member s Present: Coleman, Kaufman, Mausolf, Oswald, Otis, Pendleton
Board Member s Absent: Green, Tomooka
Staff Presen L: P. Dietrich
Guests: Dic k Hinson
Th e regular meeting of the Englewood Downtown Development Au t hority Board of
Directors waf; called to order by Chairman Bill Pendleton at 12:15 PM on
October 9, 1985 .
The minutes from the previous meeting were presented for approval. Mr . Coleman
moved, seconded by Mr. Otis, to approve the minutes from the September 11, 1985
regular meeting. The motion was passed unanimously by voice vote .
In Mr. Green's absence, Mr. Pendleton presented the Treasurer's Report, dated
August 31, 1985. Mr. Kaufman moved, seconded by Mr. Otis, to accept the
Treasurer's Report. The motion was passed unanimously by voice vote.
Sac hter Payment -The payment due in November, 1985 on the parking lot property
wa s disc ussed. Mr. Green has t a lked to Mr. Sachter and will present several
opt Lons to him for the payment. The Board gave Mr. Gr e en direction to offer
pa ~1 e nt of this loan on a five year amortization schedule at 1~ percent as an
al t e rnative to the payment that is due this November. Mr. Green will have a
fina l proposal at the November regular meeting for action.
Also , it was noted that since Rachel Owens' signature had been on the original
promi ssory note for the public improvement project, it would now be necessary
to f ormally remove her authorization from this document as she was no longer
a mEmber of the EDDA Board. Mr. Kaufman moved, seconded by Mr. Oswald, to
rem c ve Rachel Owens name from any further transactions of the Authority. The
mot j on was unanimously by voice vote. I • •
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Minutes
October 9, 1985
Page Two
CHAIRMAN'S REPORT
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Board Appo i ntment -It was the unanmous decision to include a nomination from
Cinderel l a City f or t he vac an cy on the EDDA Board of Directors. Rick Boselli,
General Ma nager o f Ci nd e r ella City has indicated a desire to s erve o n the Board.
Ms. Dietric h wa s direc ted to write a letter to City Council regarding this c ho ic e .
Also , discussion c ont i nued on the merits of a n i ne member board ver sus an
eleven membe r Boa rd. I t wa s s ugg e s ted and decided to wait until the
r e d ev e lopment pr oject is f urther along before determination is made as to
any addit i onal r e pres entatives f or the Board o f Directors.
Se cretary Vacancx -Mr. Pendleton appointed John Oswald to serve as Secretary ,
filling the va canc y left by Rachel Owens' resignation. Mr. Oswald accepted the appo in tment.
DI REC TOR'S RE PO RT
Pu b l ic Impro vement Project -Update -Th e public improvement project on South
Br oadwa y i s prog res sing on sche dule. There ha s been some publicity on this
project in the De nve r Pos t and the Englewood Sentinel. These were distributed
a t the meeting. Also , a ceremon y is planned to cele brate the completion of
this proj e c t . At 9 :00AM o n Oc tober 31, 1985 at the east s ide Walk Thru i n
the 3400 block of Sou th Broadway , Mr. Pendle ton will turn on the special light ing
as a symbol tha t this pr oject is comp let e d . I nvitation s have been pr inted and
will be mailed to the property owne r s, City officials, downtown me r chants and other interested parties.
Tree Dedication Project -As of this date, two checks have been received
to signify donations for the trees. The response has been very favorable
towards this ~oject. Four more commitments have been received by the Director .
Fall Festival Days -The City of Englewood Chamber of Commerce has donated
$500.00 to the Englewood Fall Festival DAys. The Commit t ee is plann ing
to sell pennants for $50.00 each to raise money to support the activit ies.
Also , a t this time, the 3400 block of South Broadwa y will be c l osed t o auto-
mobile traffic so that booths and festival activit ies can t a ke place in t his
area after the Parade on November 2.
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Minutes
October 9, 1985
Page Three
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Mr. Mausolf moved, seconded by Mr. Oswald, to donate $500.00 to the Englewood
Fall Festival Committee as a show of our support to this activity, and to
help defray any expense in this first year of operation. The motion was
passed unanimously by voice vote.
Trolley Sguare -A representative from Field & Co. has contacted the EDDA
to work with them in planning a cooperativ ~ grand opening of the retail space
at Trolley Square in conjunction with the grand opening of King Soopers.
As of this date, there has been nothing finalized.
Urban Renewal Authority -The final papers are almost ready to be signed be-
tween the Urban Renewal Authority and Buyer's Club Mr. Hinson reported. Also,
there are several rumors regarding the residential units that will be built
in the northwest corner of the redevelopment project. Mr. Hinson clarified
some of the misunderstandings, and said he would provide a fact sheet. The
next step for the redevelopment project will be the hotel. After this project
has been confirmed, work will continue on the Little Dry Creek project.
Proposed Street Signage -Ms. Dietrich presented street signage that has been
proposed for the redevelopment project. It is an attractive design, but the
EDDA Board indicated that the lettering should be larger. This recommendation
is to be taken back to the Engineering Department.
Broadway Southwest at Cinderella City -The grand opening of the Broadway
Southwest department store at Cinderella City shopping cneter will be at
10:00 AM on November 1, 1985. The Board is cordially invited to attend.
As t here wa s no f urther business , the meeting was adjourned at 1 :13 PM .
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MINUTES
ENGLEWOOD , COLORADO
BOARD OF ADJUSTMENT AND APPEALS
Oc tober 9, 1985
The regular meeting of the Board of Adjustment and Appeals began at 7:30
p .m. with Chairman Fish presiding .
MEMBERS PRESENT:
MEMBERS ABSENT :
ALSO PRESENT :
Seymour, Hallagin, Brown, Ferguson, Gage a nd Fish.
Lighthall .
Do r o thy Romans, Staff Advisor
Mary Alice Rot hweiler, Planner I
Nancy Reid, Assistant City Attorney
* * * * *
The Chairman stated that with six member s present, five affirmative votes
would be required to grant a variance.
9
BOARD MEMBER HALLAGIN MOVED THAT THE MINUTES FOR THE ~ffiETING OF SEPTEMB ER 11,
1985, BE APPROVED AS vffiiTTEN.
Board !ember Ferguson seconded the motion.
Upo n a vote, all six members voted in favor of the motion, and th e Chairman
declared the Minutes approved as written .
* * * * *
BOARD MEMBER SEYMOUR MOVED THAT THE FINDINGS OF FACT IN CASES 17-85 , 19-85, 20-85 ,
21-85, AND 22-85 BE APPROVED AS WRITTEN.
Boa r d Membe r Brown seconded the motion .
Upon a vote all six members voted in favor of the motion, and the Chairman
ruled that the Findings were approved as written.
* * * * *
There w re no continued cases .
PUBLIC HEARINGS.
The Chairman opened the Public Hearing on Case No. 23-85, Guy 's Barber Shop,
4300 Sou th Broadway . The Chairman stated he had proof of posting and publication,
and asked that the staff identify the request. Mrs. Rothwe iler stated that the
applicant, Cecil A. Boileau, was requesting a variance to allow him to keep
his present roof signs at Guy 's Barber Shop. This is a variance from the
Comprehensive Zoning Ordinan c e Sign Code, Section 16 .4-19-8 h, whic h stat es
that lhe Roof Signs are prohibite d in all Zone Districts.
The Chairman asked that the applicant come forward for testimony. ~l r. Cecil
A. Boileau, 4300 South Braodway , was sworn in for testimony. He said that the
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si ~n ext<'nds very slightly above the roof top, about 1 inc h to J 1:1 inch .
The landlord had agreed t o put up a row of blocks, a nd changed his mind .
~lr. Boil au said the building is no t in go od enough sha pe to justify th e
expense of removing the sign and r e placing it with a new one .
Mr. C.age aske d how long Mr. Boileau had been in business at this loca t ion .
Mr. Boileau said i t woul d be 26 years at Easter.
Mr . Ferguson asked if he had checked to see if the signs were legal when they
were installed. Mr. Boileau s aid a sign company had put them up. Mr .
Ferguson asked what steps Mr. Boileau had taken when th e City notified him
that the signs were illegal. Mr. Boileau said his landlord had a g reed to
jnstall the r ow of blocks whi c h, he said, would make the signs legal.
Mr. Seymour s aid there is a hardship because there is no room for a ground
sign . Mrs. Romans sald that if a row of bricks were put on the roof, the
signs would n ot extend above the r oo f line; and she agr eed tha t this vio lation
is minimal. She defined roof si gns as signs which are above the r oo f line or
a tta c h ed t o the roof. The subject signs are both. Sh e said there does not
appear to be another pla ce for signs on the property.
Mr . Boileau s aid th e sign company had refused to go on the roof because there
are power lines on the roof .
There were no fur th er speakers for or against the request. The Staff Report
was made part of the record, and there were no further comments from staff.
BOARD MEMBER BROWN MOVED Tl~T THE APPLICANT, CECIL A. BOILEAU, FOR GUY 'S
BARBER SHOP AT 4300 SOUTH BROADWAY, BE GRANTED A VARIANCE TO ALLOH HHl TO
KEEP HIS PRESENT ROOF SIGNS AT GUY 'S BARBER SHOP. THIS IS A VARIANCE FROtl
THE COMPREHENSIVE ZONING ORDI ANCE SIGN CODE, SECTION 16.4-19-8 h, lo/HICH
STATES THAT ROOF SIGNS ARE PROHIBITED IN ALL ZONE DISTR ICTS .
Board Membe r Gage seco nded the mo tion.
Mr. Seymour asked how far back the attachment goes . Mr . Ferguson said six to
eight feet. Discussion followed.
Th members locked in their votes and gave their findings as follows:
Mr. Seymour said there is a hardship and there were no objections, and he voted
"yes''.
Mr. Hallag jn voted "yes", saying there is a hardship. The sign does not extend
significantly above the r oof . The brace shouldn't bother anybody .
Mr. Brown voted "yes" because there were no other feasib le location for signs.
He said the character of the neighborhoo d will not be altered.
Mr. C.age voted "yes" because there is a hardship on this old typ e of building.
Mr. Ferguson voted "no ", saying there is a hardship, but other methods could have
been used to have legal signs.
Mr. Fish said there ls a hardship, the variance is minimal, the signs have been
there a long time, th e Ordinance will not be weakened, or neighb or ing properties
threatened .
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There 1~ere five votes in favor of the variance , and one, Mr . Ferguson 's,
aga inst. Th e Chairman ruled the variance was granted, and the signs may
remain .
* * * * *
The Cha i rman o pened the public hearing fo r Case No . 24-85 , and stated that
there was proof of publication . Staff stated that they had c he cked the pos ting ,
a nd wi ll testify that the posting >~as proper. Mrs. Romans said that the ap plicant,
I r a Sealy , was requesting a varianc e fo r property lo cated at 3969 South Broadway,
t o p ermi t penna n ts o r banners as signs i n front of the No Frills/Rambling Rose/
St . Nick 's business in the B-2 , Business District. This is a variance from
the Comp rehensive Zo n i n g Or dinance , Section 16.4-19-8 c, whic h lists banners,
pennants , valences and wind signs a mong those signs whi ch are prohibited in
a ll zone distric ts. The Chairman as ked that the applicant come forward for
testimony . Ira Sealy, 3969 So uth Broadway was sworn in for t e stimony . He
s t ated tha t his building is recessed so far from the street that peo ple do not
realize that his business is there . The pennants or b a nne rs will t el l passersby
t ha t the bus iness is there. They will not stop immedia t e l y , but the penn ants
would ca t c h their eye and th ey mi ght return at a future time.
Mr. Brown asked wh y a sign is no t as good as the pennants. Mr. Sealy said
with t he trees and the setback of the building, signs are not noticeable .
Mr . Seymour s a id that he wa s aware of the l ocation of th e buil ding before
the mat ter came t o the Board. The San t a on the roof is e nough by its elf.
Mr. Sealy s aid a business o n South Broadway is difficult to maintain . He
is trying to es tablish a r e t ail busin e ss in the location and he needs to
put forth something that will invite customers in. He said that in his opinion,
flags and bann e rs are no t bad. He wants his business to survive , and he said
t here is not enough business a t this location.
Mr . Halla g in aske d why Mr . Sealy doe s not cut back the trees . He said th e
trees belong to the neighb o ring property, and the caretaker there will not
trim the trees.
Mr . Fergu son a sked how big the sign is . Mr. Sealy said it is four fee t by
six feet , a nd ls not enough to attrac t a sufficient numb er of customers.
"1r. Ferguson said that the Sign Code won't permit p ennants. Mr. Sealy said ,
in his opinion, the Sign Code is against free e nter prise.
Thcr were no further questions . The re were no furth er speakers for or
against the variance . The Staff Rep o rt was incorpora ted into the record, and
Mrs . Romans called attention to the Traffic En g ineer's comments in the report.
BOARD ME !BER SE YHOUR MOVED THAT THE APPLI CAN T BE GRAN TED A VARIANCE TO PERMIT
PJ :NNANTS OR BANNERS AS SIGNS IN FRONT OF THE NO FRILLS/RA."1BLING ROSE/ST . NICK 'S
BUSINESS IN THE B-2 , BUSINESS DISTRICT . THIS IS A VARIANCE FROM THE COW'REHENSIVE
ZONJNG ORDINANCE SECTION 16.4-19-8-c , vffiiCH LISTS BANNERS, PENNAN TS , VALENCES
AND WIND SIG NS AI-lONG THOSE SIGNS WHI CH ARE PROHIBITED IN ALL ZONE DISTRICTS.
Board 1ember Gage seconded the motion.
Discussion followed.
Th members locked in their votes and gave their findings as follows:
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lr. Seymour voted "no" because there is no evidence of hardship.
Mr. Hallagin vo ted "no", saying the variance would weaken the p urpo se of
the Ordinance, a nd did not meet the four conditions necessary to g r a nt a
variance.
Mr . Brown voted "no" because there was not a strong enough hardship to justify
a variance . There were no supporting letters submitted.
Mr. Gage voted "no" bec ause the four conditions necessary for a variance wer e
not met.
Hr . Fer g uson voted "no", concurring with Hr. Gage.
Mr. Fish said the hardship is not sufficient to warrant dama gin g the Sign Code.
The v o t e s were displayed , and all six members had voted against the variance .
The Chairman stated the variance was denied.
* * * * *
The Chairman o pened the public hearing for Case No. 25-85, for p roperty
located at 4301 South Elati Street. He stated he had verification of
publication and posting . Mrs. Rothweiler stated that the applicant, Thomas
E. Berube, was requesting a varia nce to build a garage whi ch will, when
added to the existing ga rage and ca rport, exceed the maximu m area of 1,000
s qu a r e feet allowed for ga rag es in the R-1-C Zone District . The applican t
also wishes to build th e garag e along the building line of th e existing
open ca rport, whic h is six inches from the south property line. This is a
variance from the Comprehensive Zoning Ordinance, Section 16 .4-4 m (1) (e),
Maximum Total Floor Area of Accessory Buildings, and 16.4-4 m (1) (c),
Minimum Side Yard for Accessory Buildings in the R-1-C, Single-Family Residence
District.
The Chairman asked the applicant to c ome forward. Mr. Thomas Berube a nd
Harta Berube , 4301 South Ela ti Street, were sworn in for testimony.
Mr . Berube said they want a ga ra ge big enough for two cars and about t en feet
fo r a workshop. They want to retain the existing garage for storage . There
were no objections from the neighbors. The garage would be of cinderblock,
similar t o what already exists on the property . Mr. Berube stated that there
have b en three r ob beries on their property in the last year. He said the old
garage is sound, but too small for modern cars.
Mr. Seymour asked if the acces s wo uld be from the alley. Mr. Berube said it
would be from the alley . Mr . Seymour a sked why the garage must be closer
than three feet to the property line. Mr. Berube said it would continu e the
line from the existing building and it would be a maintenance problem if
three feet were left vacant . Mr. Seymour asked if the r e were a physical
reason not to meet the required setback. Mr. Berube said that there is not.
Mr. llallagin asked the Berubes if they would be willing to meet the setback
r e quirement if the larger garage were permitted. Mr. Berub e said he would.
Mr. llallagin ask d what kind of work Mr. Berube wants to do in the garage .
Hr. Berube said it would be woodworking. He said h e has lived there since
June of 1984, and the lot is 100 feet by 125 feet. He said the garage would
n ot be used for commercial purposes. He said he is a plumber and works away
from home. His office is in the basement, and Code Enforcement has approved
the home of fice .
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There were no further questions. There were no further speakers either for
or against the variance . The Staff Report was incorporated into the record,
and Mrs. Romans a sked to speak for the staff.
Dorothy Romans , Assistant Director of Community Development, was sworn in
for t es timony. She stated that the new Ordinance imp osed a maximum are for
accessory buildings. It has been the staff's experience that large garages
at tract commerc ial uses. The staff recommended that if the variance is
grant ed, a co ndition be attached and recorded stating that the building cannot
be used for comme r cial uses. New purchasers will then be aware of that
restriction. Staff wa s also concerned aobut the setback request .
The Chairman clo sed the public hearing.
BOARD MEMBE R FERGUSON MOVED THAT THE APPLICANTS BE GRANTED A VARIANCE FOR
P ROPERTY LOCATED AT 4301 SOUTH ELATI STREET, PE~~ITTIN G THEM TO BUILD A
GARAG E WHICH WILL, WHEN ADD ED TO THE EXISTING GARAGE AND CARPORT , EXCEED
THE MAXIMUM AREA OF 1,000 SQUARE FEET ALLOWED FOR GARAGES I N THE R-1-C ZONE
DlSTRICT. THI S IS A VARIANCE FROM THE COMPREHENSIVE ZONI NG ORDINANCE,
SECTION 16 .4-4 m (1) (e), MAXIMUM TOTAL FLOOR AREA OF ACCE SSORY BUILDINGS.
THE GARAGE MUST MEET THE MINI MUM SETBACKS REQUIRED FOR THE ZONE DISTRICT. THE
GARAGE MAY NOT BE USED FOR ANY TYPE OF COM}ffiRCIAL ACTIVI TY.
Board Member Gage sec onded the motion.
The Chairman asked the applicant if the alteration in his request would be
acceptable . Mr. Berube said it would be acceptable.
The members locked in the their votes and gave their findings as follows:
Mr. Seymour stated he voted "yes" because there was a hardship and there a r e
no cbjections from the neighbors.
Mr. Hallagin voted "yes" because the equipment and cars should all be under
a roof. There is a hardship, and the lot is very large.
Mr. Brown voted "yes" because there is a need and the five conditions were
met.
Mr. Gag voted "yes" because the applicant met the five conditions necessary
for a variance , and had approval from the neighbors.
}!r. Ferguson concurred.
Mr. Fish voted "yes" because there is a hardship; the present garage is old
and difficult to use. The five conditions ne cessary to grant a variance
were met.
When the votes were displayed, all six members present had voted in the
affirmative and the Chairman ruled the variance, with conditions, was granted,
and instructed the applicant to obtain permits.
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The Chairman declared a five minute recess, and when the meetin g was reopened,
the same persons were present except Ms Reid, wh o left the meeting ea rly due
to illness .
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The Chairman opened the public hearing on Case (126-85, for The Eski mo Ski
Sho p at 1 31 East Belleview Avenue. The Chairman declared there was proof
of po sting and publicat i0n, and asked that the staff identify the requ e st.
Mrs. Rothweiler stated the applicant is requesting a variance t o pe rmit
the use o f a separate gro und sign on a lot containing mor e than one business.
Th i s is a variance from the Comprehensive Zoning Ordinance Sign Code , Sec tion
16 .4-19-10 c (1) Ground Signs, which states that no ground signs are pe rmi t t ed
if there is more than one business in a building or group of bui ldings , excep t
a Jo int Identifica tion Sign.
Mr. Phil Grimm, 648 "ashington Circle was sworn in for testimony. He stated
that, as a representative of Freeman Signs, he had part icipated in the formu-
l a t i on o f the Sign Code. The Ground Sign provisions, he said, were intended
fo r shopping cente rs or shoppettes. The buildings in this ca s e a re s e parate.
Two busine sses a lready have a ground sign; the third business wants one ~r o und
s i gn. The building sets back from the street. The Zoning Ordinan ce would
r e qu i r e one joint ide ntification sign. Since the first two buildings a lready
have a s i gn, they do not want to spend money for a new one tha t wo uld identify
al l three businesses. He stated that these lots could be own e d by thre e
dif fer e nt peopel, a nd the requested sign would be legal. There i s a problem
on ly b ecause the buildigns are under one ownership. Common owner s h i p, he s aid,
c reates the hardship.
Mr. Se ymour stated that the other signs will have to chang e in two ye ars.
Mr. Gr i mm said the wall sign may no t be nonconformin g .
Mr. Fe r g uson state d that by granting the variance, the number of nonco nfo rm i n g
sig ns on th e pro per t y wo u l d be increased.
Mr. Grimm noted that the businesses may c hange, especially the po ol sto re, a nd
th e o th e r businesse s will not pay for a new joint sign. He sai d tha t, b ecause
t h e c leaners is a sepa rate building, it needs a separate sign .
Mr. Ha llagin no ted that at present there is no place f o r pedes tr ians o n the
nor th s i de of East Be lleview Avenue.
Mr . Gr i mm s a id th e sign could b e put in a place that doe s not interfere
with pedes t r i ans. He s ub mitted Exhibits A and B to show the proposed sign.
The sign would be six fee t by s e ven feet, and would be under 20 feet high.
The Eskimo Ski Shop s i gn wo uld b e on top, and the lowe r s pace would be
reserved for the second bus i ness wh ich will probably replace t he pool shop .
There were no further ques tions. There were no furth e r speakers for or against
the varianc . The Staff Re po rt was made part of the record , and the staff
had no further comments .
The Chairman closed the publi c hea ring for Case Number 26 -85 .
BOARD ~1EMBER SEYMOUR MOVED THAT A VARIANCE BE GRANTED FOR PROPERTY LO CATE D
AT 131 EAST BE LLEVIEW AVENUE , TO PERMIT THE USE OF A SEPARATE GROUND SIGN
ON A LOT CO NTAINING MO RE THA N ONE BUSINESS. THIS IS A VARIANC E FROM THE
COHP REHENS l VE ZON IN G ORDINANCE SIGN CODE, SECTION 16 .4-19-10 c (1 ) GROUND
SIGNS , \.ffi lC H STATES THA T NO GROUND SIGNS ARE PERMITTED I F THE RE IS MO RE THAN
ONE BUSINESS IN A BUILDI NG OR GROUP OF BUILDINGS, EXCEP T A JO IN T IDENTIFICATION
SIGN .
Board Member Br own seconded the motion .
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Aft e r some dis c ussion, the me mbers locked in their v o tes and gave their findin g s:
Mr . Br own said that any new sign bui lt sho uld me et the Sign Co d e .
Mr. Seymour stated he voted "no" because there was insufficient evidence of hardship.
Hr. Hallagin voted "no" because the four conditions necessary for a variance
from the Sign Code were not met, and there is a present traffic hazard,
which another ground sign would increase.
Mr. Gage voted "no" because the four conditions necessary to grant a variance
to the Sign Code were not met.
Mr. Ferguson voted "no", saying granting a variance in this case would cause
a proliferation of nonconforming signs on the property which would weaken the Ordinance.
Mr. Fish voted "no", saying that the potential for abuse which would weaken
the Ordinance in this case is too great. He said that in two years the
problem will resolve itself when all three businesses will have to build
conforming signs.
There were six votes opposed to the variance, and the Chairman declared that
the variance was denied.
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The Chairman opened the public hearing for Case #27-85, 73-75-77 East
Floyd Avenue and 3254-3255 South Lincoln Street. He stated that he had
proof of publication, and that the posting is not necessary in this case.
Mrs. Rothweiler stated that the City of Englewood is requesting consideration
of the use of the premises for auto-related businesses, which premises are in
a B-1 Business District; and clarification as to the continued use of the
property for auto-related businesses; and whether or not these businesses should
be registered as Nonconforming Uses of a Building or Structure. This is
an interpretation of the Comprehensive Zoning Ordinance, Section 16.4-10 b,
Permitted Principal Uses in the B-1 Business District.
'fhe Chairman asked that the applicant come forward.
Hrs. Dorothy Romans, the Assistant Director of Community Development was
sworn in for testimony. The use of the building on the northwest corner of
East Floyd and South Lincoln Street cam e to the a tte ntion o f the Ci t y a s a
result of an inspection of one portion of the building by the Fire Department .
It was called to the Department's attention that mo st of the building is
being used for auto-related uses. The lessees have been notified of the
illegality of such uses .
In going over the files, it has been found that the building has been used
at least in part by auto-related uses for a number of years. The staff did
not fe e l it should dec ide the matter arbitrarily as to whether this is a leg al
nonc onforming u ~e. and has requested the Board t o make the determination.
The staff is primarily concerned with compliance with the Codes .
Walt e r J. Groditski, Code Administrator, was sworn in for testimo ny. He
stated tha t there were Fire Code violations at 73 East Floyd Avenu e at
Ca pi t al Aut o Le a sing . A sto p-work order was i s sued for s p r ay p ainting .
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A violation of the Fire Code would require alterations to comply with the
Code. The first fire inspection showed violations, but the Codes will not
be enforced until the Board determines if auto-related uses may continue in
the building. He noted that only 73 East Floyd Avenue had serious violations, as far as he knew.
rtr . Gage asked what the violations are. Mr. Groditski said it was found
that Capital Auto Leasing had junk cars inside the structure; there were
a ut o parts; there were indications that spraying operations were being
con duc ted; there was evidence that disposal of oil and lubrication materials
had taken place through the grease trap. The spraying was ordered stopped.
After Zoning was notified, they issued a notice to vacate the premises.
Capital Leasing was of the opinion they should not have to vacate when there were other auto-related uses present.
Mrs. Romans returned for testimony. She said that the Planning Division
s taff determined that the building has been used by auto-related businesses
for many years, and staff felt they should not force vacation of only one
au to-related business. The staff would like a determination as to whether
a uto-related businesses in this building are a nonconforming use which could
be registered. She said that, further, the property to the east, which is
ap parently owned by the Burt Employees Retirement Fund, is being used by the
a uto-re lated businesses in this building a nd that improper storage s hould not
be permitted in the B-1 District. There should be screening if auto-rela ted
uses in this building are not registered as nonconforming us es . The City
would not permit the storage of junk or damaged cars on this undeveloped lot.
If the nonconforming use is registered, the City would require screening of the stored cars.
Mr. Brown asked if the uses are permitted, would the Board be able to require
the building to be brought up to Codes. Mrs. Romans said that the Board
could require conformance with the Building and Fire Codes.
It was noted that the property owner was not represented at the meeting.
There were five tenants of the building who were present and some of them wished to address the Board.
Richard Jaramio, 3255 South Lincoln Street, the owner of Covert Aut o Body,
a tenant of the subject building was sworn in. He said he is in the process
of buying 100% of the stock from the founder of Covert Auto Body. They have
a lease and option through February, 1993. He said the portion of the building
which he rents ha s been an auto-body shop since 1958. The premis s are not suitable for any o ther services.
li e said they have put up lights which are a benefit to the entir neighborhood.
Titey have installed a legal paint booth, and the Fire Department has found
nn violations. lie stated they would work with the City if the nonconforming
u ·;e is granted to regulate the parking lot across the street . Greg Rasmussen,
t 'te Code Enforcement Officer, has suggested that th e lots be scrPened .
Mr. Jaramio stated th a t he will be bankrupted if he is for ed to move ~~c ause
the rent at the present building is quite low. His pur c hasing of the stock
]eaves him with little margin fo r higher rent. He said thnt if nt'nconf,,rrinr.
use status is granted, he would like to discuss items 2 and 1 on r he Stil ff
RPport, Page 2, whi ch would have a serious effect on his businPss. Th~?se .1r
r e lated to outsid e parking. He was confident that the situation ~011ld he ~~rke d out with the City.
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Mr. Jaramio stated they had spent $8 ,000 bringing the busin~ss up t o Code .
Donald Boyd , of Mark Royce Detail Shop, 3253 South Lincoln, wa s sworn in for
testimony . He said that he had been notified by Mr. Arkin tha t they would
ei ther h ave to convince the Board to register the property as a n on conforming
use , o r they would have to vacate the building . He said h e has 8,000 square
feet , and there is anoth er 3 ,000 square feet tha t would be available if the
buildin g were r epaired . He said he cannot find another loca tion with similar
rent. He said the detail shop had been there since 1971. He bou ght the
business 18 mon ths ago . He works for dealers all around, and considers
this an excellent location. He employs four people and processes 25 -30
ca rs a week. There h ave been no problems before except for the prope rt y
across the street . li e said the c ars referred to as "junk ca rs" are o n his
portion of the l ot a nd are owned by the previous owner o f his business o r are
awaitin g repair. Those could be removed. He works on ca rs inside, a nd does
not store them o ut side a t ni gh t . His business , too, was inspected by the
Fire Depar t me nt, and received no notice of v1olation s; but he was asked to
make an adj ustme nt, whi ch he did. He thought the business has always been
a uto-rela t ed in this part of the building .
Mr. John Bens on, the owner of Capital Auto Leasing was i nv ited to testify.
He refused to swear or affirm aR to the tr • ~~. of his test imony, and o ne of the
other tenants said he could prp, •mt the sa111<e testimony .
Mr. James Parker , 77 Eas t Floyd, was sworn in for testimo n y. He said his
business is not auto-related, but is in this building . He has cars o n the
lot across the stre t because he sublets his space the r e to Ca pita l Auto
Leasing. Capital buy s ca rs which a r e wr ec ked, fixes them up and leases them.
The wrecked ca rs on the lot are changed on a r egular basis . Within the building
his business is a small man u facturin g business making trailer units, which
business requires a c ar dealer license. He said his paint boo th had no t been
up to Code, but they spent $2,000, and brought it up t o Code. He said six
people were on his payroll , and his business has been in ope ration f o r 12
years. He has owned the business since 1983. He would be in dire straits
if he h ad to move , and all his equipment had to be moved and a n ew paint
booth built.
Mr. Pa rker said he sublets the parking lot and there are n eve r more than 15 ca rs
with a camper trailer o wned by a friend, and a motor home trailer stored on th e lo t.
Mr. Hallagin asked if he would bring any Code violations into complianc e
if the nonconforming use is granted. He said he would.
Th e r p were no furt h er speakers. The Chairman closed the public hearinr .
He includ d the St aff Report in the record and asked if the staff had am•thing
to a d d. ~Irs . Romans said the staff believes it is appropriate to register
th non c onfo r mi n g use. There is evidence that the the tenant s will work with
the City o n screening. In response to a question from Mr. Ferguson , ·Irs.
Romans said the City would like to discuss the matter with the owne r concern ing
any new tenants, a n d requiring such tenants to be conforming us es.
AftPr some discussion it was decided to continue the case until November 13 ,
1 98 5, a t 7:30p.m. The Board asked that a subpoena be issued to Mr. Arkin
to assu r e that he wo uld attend.
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There was no Director's Choice or Board's Choice.
The meeting adjourned at 10:25 p.m.
SherylJkousses, Recording Secretary
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. . .
Englewood Park s and Recreation CoMMission
Minutes of October 10. 1985
The regular Monthly Meeting of the Englewood Parks and
Recreation C~ission was called to order at 5:35 p.M. by
ChairMan Poole at the Englewood Municipal Golf Cour·se Clubhouse.
MeMbers present: Allen. Bradshaw. Dounay. Higday. Kubilus.
Heyer . Pillow. Poole. Schroeder. ROMans. ex
officio
MeMbers absent: Hone
Also present: Doug Foe. Assistant Director of P & R
leon Kuhn . Assistant Director of P & R
Helen Aragon . Clerk for Parks & Rec. Dept.
ChairMan Poole asked if there were any additions or
corrections to the Minutes of SepteMber 12 . 1985. There were
none .. A Motion was Made and seconded that the Minutes be
approved as pre sented. The MOtion passed.
ChairMan Poole introduced and welcoMed to the CoMMission
Steve Heyer. who is replacing CoMM iSS1oner Howard. and Stefante
Pillow and Bill Kub t lus . who are the two new youth MeMbers
replacing ConMi s5ioners RadeMacher and Winkler.
ChairMan Poole inforMed the new MeMb ers that. as MeMbers of
the COMMission. they have the rtght and obligation to vote on all
voting Matters of the CoMMission.
ChairMan Poole also 1ntroduced Helen Oragon to the
CoMMission and explained that Helen t s the off1ce clerk for the
Parks and Recrea t.ion DepartMent and attending tonight's Meeting
for the purpose of obta1ning a better understanding of the
CoMMis~non's function s.
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Director RoMans passed out copies and reviewed with the
COMMission the proposed increase in fees and charges for the
Englewood Golf Course as recoMMended by Golf Pro, C~ission. and
City Council. ROMans stated that officially. these changes will
be put into ordinance next week and passed by City Council.
CoMMissioner Schroeder asked about a discrepancy in the breakdown
of weekday tour~ent fees. RoMans stated that the tournaMent
weekday fees should be SlB.OO instead of $16.00. ROMans stated
he would check with the City Attorney•s office to clarify the
discrepancy.
Director ROMans passed out copies and reviewed with the
COMMission the proposed facility use agreeMent that was presented
to theM at the SepteMber CoMMission Meeting. ROMans stated that
the facility use agreeMent was not acted upon by City Council at
the Budget Retreat but that the recoMMendation froM COMMission
should soon be presented to Council for their approval.
Director ROMan s report ed that at the Budget Retreat . City
Counctl approved SSO ,OOO to be earMarked toward the construction
of a new nature center. COMMissioner Higday explained to t he new
MeMbers that it wa s necessary to relocate the Duncan Hature
Center to Maddox School since Swedtsh Ho spital leased Duncan
Schoo) froM the Englewood School Aoard when the City•s lea se
expired. Higday stated that at that tiMe it was ht s wi s h to
enlarge the nature center as well as have it located 1n a Ctty
facility. Director ROMan s requested that Assistant Director foe
distribute to the new MeMbers cop1es of the recent nature center
study that was previously di strt buted to the CoMMission so that
they May better understand the concept of the nature center.
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CoMMissioner Bradshaw entered the Meeting at 6:DD p.M.
Director RoMans reported that. also at the Budget Retreat.
City Council approved S6D.DOD for replaceMent of the wornout play
apparatus in the parks playgrounds. Rortans stated that
replaceMent will begin in January. 1986. Assistant Director Kuhn
stated that SOMe play equiPMent has been reMoved frort the parks
because they were unsafe.
Director Rortans reported that S35.0DO was approved by City
Council to be donated to South Suburban Park foundation for the
South Platte River Trail frort Oxford to Belleview Avenue. ROMans
explained to the new COMMission MeMbers that the South Suburban
Park foundation is working to raise funds for the construction of
the Platte Riuer Trail to continue south to Chatfield ~
COMftissioner Bradshaw stated that Many surrounding c~unities
have donated their Lottery funds towards the trail construction.
Uith regard to the CoMMission's rec~endation to City
Council concern1ng a perMit fee for use of the parks shelters.
Director ROMans reported that City Council approved a $25 park
shelter rental fee . ROMans stated that City Manager McCown has
instructed the Park s DepartMent to wo rk out a policy to clarify
the procedures for obtaining the perM1t. lhe policy will then be
presented to the CoMMiss1on at the next Meeti ng for their
approval.
Director RoMans stated that in a MeMo he rece1ved frOM City
Manager McCoun . City Council requested that the COMMission study
the po ssi bilities of revising the fee charging policy for
recreation prograM s and activities. RoMans reported Assistant
Director foe and staff recoMMend that soMe certain prograM fee s
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can be increased since they are below the Market level with other
rec reation cities and districts. They recoMMend thes e fee s be
placed into effect on January 1 . 1986. RoMans stated that at
present. the City collects lOOX of direct costs <supplies.
instructors salaries> for adult prograMs and 25X of direct costs
for youth prograMs. The staff was requested to present to the
CoMMission at the next Meeting a broad base policy. along with
fee survey inforMation froM surrounding areas. It was agreed by
the COMMiss i on that to prepare th is pol icy it Might be necessary
that the current policy for c ollecting 100X and 25X in fees for
adult and youth prograM s b e wa1v e d . It was also agreed that the
new Engl~ood fe e struc tur e s hould f al l s oMewhere in the Middle
range of the high and l ow fees of like prograMs in surrounding
COMMUnities.
There followed MUch dt sc u ssi on con c ernirog the pros and cons
of increasing the s pecifi c recreation prograM fee s for 1986 as
presented by staff in the MeMo dated SepteMber 23. 1985. Because
of the liability aspe c t involving the Showagon. it wa s agreed
that the Showagon would b e excl ud e d froM the following
recoMMendat i on. CoMMi ssioner Allen Made a Mot i on . seco nded by
CoM MISsioner Schroeder. TO MAK E A RECOMM E NDATION TO CITV CO UN CIL
THAT THE SPECif"IC RE CREA 'J ION PROGRAM f"EE INCREASES f"OR 1986 BE
ADOPTED AS DUTLIHED BV STAf"f IN THE MEM O DATED SEPTEMB ER 23.
1985. HOW EUER. THE PARAGRAPH WITH REGARD TO THE SHOWAGON SHALL
BE EXCL UDED fROM THIS RECOMMENDAT JO H. The Motion passe d.
CoMMissioner Higday requested that sta ff prepare and keep a
yearly c OMpari s on report that would indicate wh ere Englewood
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recreation prograM fees fall in coMparison with other area
recreation departMents.
Assistant Director foe reported on the probleM of
over-crowded conditions in evening fitness classes which was
recently reported to COMMissioner Bradshaw. foe stated that the
over-crowded conditions May have been due to the counter
personnel allowing a larger nUMber of drop-ins into the class
than can be coM ·fortably accOMModated. foe stated that next
session to help alleviate the probleM. there will be no drop -i ns
allowed during the first two weeks of classes. The reason for
this is because the classes usually drop off in attendance during
the first two weeks. fhe drop offs can then be Monitored to
deterMine the nUMber of drop ins that should be allowed in the
class. foe stated that More Mat s are needed to cover the floor
froM wall to wall so that progra.., part>.ci pants can spread out
rather than gather on the floor ... ats 1n the Middle of the fitness
rooM. This would help to alleviate over -crowding. CoMMissioner
Dounay said she would check with Englewood Schools on sOMe floor
Mat s that are not pre sentl y being u se d by the schools to see if
perhaps the City could u s e the Mats.
Director RoMans reported that soMe coMplaints have been
lodged by golfers regarding the discharge of air pollutants frOM
the car shredder jus t s outh of the Englewood Golf Course.
RoMans. therefore , reported thi s probleM to City Manager McCown
who in turn called EPA and h P in~lructed s taff to report to the
EPA when they observe large aMounts of pollution coMing froM the
area of the car s hredder and to do c uMent each observa tion.
CDMM1ssioner Oounay asked 1f Tri -County Heal th has any control
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over e~ission proble~s. Ro~ans stated that he ~as sure they did
and ~ill call theM to ~ake the~ aware of the proble~.
Director R~ans reported that the South Suburban Park
roun dation asked the City to share s~e of the City•s funds in
the constr uction costs of a ne~ foot bridge across the Platte
River located near ~pden Avenue so that the South Platte River
Trail that has been co~pleted up to H~pden can connect ~ith the
ne~ trail runn1ng through the golf course and on to Oxford
Av enue. Th1s assistance to the trail has to be approved by City
Council. The construction of the bridge and trail through the
golf course up to Oxford Avenue is on schedule and COMpletion of
~ork ~ill be around Hov e~ber 12 , 1985.
Under CDM~issioners choice. there ~a s soMe discussion ~ith
regard to the n~ber of handicapped people ~ho u se the recreation
center pool and the possi bility of adding S OMe equipMent in the
pool for the handi ca pped . C ~issio ner Allen s tated ther e ~a s a
very good art ic le in the recent Park s and Recreati on Maga zine
~it h regard to this subject. Assistant Direc tor roe said he
~ould check i nto the cost and feas1biltty of this type of
equi pMent.
Co~1 ssioner Br adsha~ stated t h at there ~ill be a
f1tness/nutrttion progra~ at rlood Middle School in DeceMber and
asked Assistant Director roe if he ~ould su pply her ~ith any
infor~alion regarding "life. Be In Tt." ~ateru•l that Mi ght be
applicable to this s ubject.
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The Meet1ng wa s adjourned at 7:50 p.M.
L~nda Uilks . Recording Secretary
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CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION
MINUTES
November 5, 1985
I. CALL TO ORDER.
The regular meeting of the City Planning and Zoning Commission was called to order by Chairman Stoel at 7:00 p.m.
Memb ers present: Gourdin, Carson, Beier, Allen, Barbre and Stoel.
Members absent: Magnuson and Mesa.
9
Also present: Dorothy A. Romans, Assistant Director of Community Development -
Planning
Susan T. King, Senior Planner
Chairman Stoel declared a quorum of the Commission in attendance .
II. APPROVAL OF THE MINUTES.
Carson moved :
Gourdin seconded: The Minutes of October 22, 1985 be approved as written.
AYES: Carson, Gourdin, Beier, Allen, Stoel.
NAYS: None.
ABSTAIN: Barbre.
ABSENT: Magnuson, Mesa.
The Chairman declared the Minutes of October 22, 1985, were approved as written.
III. PUBLIC HEARING
4755 South Santa Fe Drive
Carson moved:
CASES No. 32-85 AND 33-85
SUBDIVISION WAIVER AND
PLANNED DEVELOPMENT
Beier seconded: The public hearing for Cases No. 32-85 and 33-85 be opened.
AYES: Gourdin, Carson, Beier, Allen, Barbre, Stoel. NAYS: None.
ABSENT: Magnuson, Mesa.
The Chairman declared the public hearing open.
Dasel Hallmark, Hallmark and Associates, Inc., Consulting Engineers, 3600
South Yosemite, Suite A, Denver, CO 80237, was sworn in for testimony. Mr.
Hallmark stated that his firm began development plans for the subject property in
1983 when there was a miniature golf on the property. At that time, the owner
was co nsidering using the property for mini-storage. There were problems with
Big Dry Creek and Urban Drainage which had to be resolved before it could be
developed. Mr. Hallmark said the property owner, ~lr. Cameron, had also
developed the Cedar Lumber Company business on the former Friedman Paper
Company property, and did a good job in upgrading the site. In fact, Cedar
Lumber won the Wood Association award for excellence of design. He said Mr.
Cameron will have the same pride in developing the subject property. He submitted Exhibit A, three photographs of the site.
Mr. Hallmark said some of the problems with the site are that it borders Big
Dry Creek; there are easements on the property; and there is limited Santa Fe
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frontage. He said that Littleton is doing a Comprehensive Plan for the area,
and they are hoping to coordinate with the final Plan. The Highway Department
also has plans for the area and is proposing more lanes on Santa Fe with a
major interchange at Oxford. Some of these plans are several years in the
future, and Mr. Cameron would like to retain flexibility with this site so they
can blend with future development. In addition, the economy is difficult to
predict. For these reasons they propose an "interim use" for the property.
Mr. Hallmark referred to the Staff Report for a description of the proposal,
which is "to provide a storage area for recreational equipment including
boats, motor homes, recreational vehicles, etc. The existing building will be
used for a security office at the site." Mr. Hallmark addressed the concerns
expressed in the Staff Report. He said that fire access would be no problem.
He said there would be two entrances for fire trucks. He said the 100-year
flood plain is and will be plainly marked. He said they had been working with
Urban Drainage, and have reached agreement in principle with Urban Drainage,
and the final details are being worked out. Mr. Hallmark said they brought in
too much fill and will remove the excess fill and install the rip-rap as required
in the Drainage Plan. He agreed that the maintenance and access easements will
be shown on the plan.
Mr. Hallmark said that he and Mr. Cameron would prefer not to put permanent
paving on the site. This would, he said, be expensive and co unter-productive
and the cost could never be recovered for an interim use of only a few years.
They proposed instead to chemically treat the site to hold down dust and weeds.
This would have to be repeatedly treated , but the cost would be much less and
the impact on the land would be less also. They submitted various brochures
descr ibing the treatment t o the soil, and stated they had not made a final
decision as to which process would be best.
Mr. Donald B. Cameron, 4 550 South Windermere Street, Englewood, was sworn
in for testimony. He agreed to landscaping, with the observation that due
to the nature of the site, the landscaping could more profitably be installed
away from the front 10% of the property. Mrs. Romans said that the Commission
could not grant a variance from the Landscape Ordinance; and any such request
would have to be made to the Board of Adjustment and Ap peals.
In response to the Staff's condition requiring a letter of credit for replacement
of the rock along the bank and requiring rip-rap to replace the bank material,
Mr. Cameron said he would not produce a letter of credit until the plan had
cleared City Council. At that time, he stated, it would be acceptable. He
suggested that he be given a time frame which is renewable, and he would agree
to it.
Mr. Carson, in reviewing the statements made by the applicant, found that all
the condi tions were addressed, but he want ed further information regarding
the surfacing material. Mr. Cameron described the process of c hemical treatment.
It was observed that the Ordinance requires the surface to meet Engineering
Services' standards, and the matter c ould be left to Engineering Services to
decide. Mr. Barbre noted that several matters had not yet been finalized and
suggested a continuance until such time as Engineering agreed to the surfacing,
Urban Drainage gave final approval, and the plans were altered to reflect the
conditions .
There were no further speakers for or against the proposal.
Carson moved:
Gourdin seconded: That Cases 132-85 and 33-85 be continued until November 19 ,
1985 at 7:00 p.m.
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AYES:
NAYS: Gourdin, Carson, Beier, Allen, Barbre, Stoel.
None.
ABSENT : Magnuson, Mesa.
The Chairman ruled that the hearing was continued to November 19, 1985, at 7:00 p.m.
IV. FINDINGS OF FACT
Case #24 -85. Stearns-Roger Manufacturers, 600 West Bates.
Case 82 9-85, John D. Tidwell, 4800 South Decatur Street, Subdivision.
Case #30-85, John D. Tidwell, 4800 South Decatur Street, Planned Development.
Carson moved:
Beier seconded: The Findings of Fact in Cases #24-85, 29 -85 and 30-85 be
approved as written.
AYES: Gourdin, Carson, Beier, Allen, Stoel.
NAYS: None.
ABSTAIN: Barbre.
ABSENT: Magnuson, Mesa.
The Chairman ruled the Findings of Fact were approved as written.
V. PUBLIC FORUM.
There was no public present.
VI. DIRECTOR'S CHOICE.
Mrs. Romans noted that the sale of Mr. Rippen's property in the 3900 block of
South Broadway has been delayed. He stated that he would bring a letter
giving Mr. Markham a February vacation notice, and Mr. Hacks would receive an
immediate vacation notice. She told Mr. Henke that the matter could wait for
a few days, and asked if the Commission approved. Mr. Carson suggested
reviewing the matter at the November 19, 1985 meeting.
Mrs. Romans stated the hearing on The Marks would be held by City Council on
November 25. She said arrangements had been made for Mr. Gourdin, Mr. Allen
and Mr. and Mrs. Beier at Keystone Lodge for the Planning Workshop.
VII. COMMISSION'S CHOICE.
Mr. Stoel asked the Commission to think about Goals which must shortly be
established for the Commission.
The meeting adjourned at 8:30p.m.
SherY1 Rousses, Recording Secretary
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mNUTES
Englewood Public Library Advisory Board
November 12, 1985
9
The regular meeting of the Library Advisory Board was called to order at 6:33 p.m.
by a ppointed Chairperson Dorothy Wheelehan.
PRESENT: Jerry Valdes (arrived at 6:43p.m.), Lois Sterling (arrived at
6:39p .m.), Bruce Hogue, John Peterson, Al Quaintance, Gerald
Sampson, Kay Van Valkenburg, Dorothy Wheelehan
REGRETS: Debbie Dix
ALSO
PRESENT: Sharon Winkle, Director of Libraries
Donna Gottberg, Recording Secretary
Roll call was taken and a quorum declared present.
There were no scheduled or unscheduled visitors.
Ms. Wheelehan turned the meeting over to Sharon Winkle for the Director's Report.
Ms. Winkle brought the Board's attention to the new Library Department organizational
chart. The City is now advertising for the positions of Librarian I (2 positions)
and Information Services Administrator. These changes will take place the first of
the year. She also noted that physical changes in the public service area are
taking place in readiness for the Automated Library Management System.
No definite date has been set for the Automation System installation. The Li-
brary is working closely with Dynix, Inc. preparing the tapes. It has not been
decided how to work the automation with the Bookmobile, there are two options
available a t this time. The portable option and the use of data transfer via
radio transmission are being discussed. Finances will come into play in the final decision.
~1s. Winkle gave a brief background of the APAL Collection Development study. Dr.
Ed ~1iller will speak at the Joint Arapahoe Boards meeting following the Library
Board meeting tonight. Copies of Dr. ~Iiller's report were distributed.
The Reciprocal Borrowing contract with Arapahoe Library District will go to
City Council for final reading November 18.
~Is. Sterling arrived at 6:39 p.m. and took over as Chairman.
Ms. Sterling presented Membership Directory (1985-86) information from ~1ountain
Plains Library Assoc. (MPLA) for the Board's perusal.
~1embers' Choice
Gerald Sampson asked if the building of a City Hall/Library was still "on hold."
Ms. IHnkle answered all building was "on hold" at this point in time.
continued ....
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Mr . Sam pson asked i f a ll t a rgeting of books had be en completed. ~Is. Winkle sta ted
onl y 10% wa s completed this ye a r, with the pr o j ec t cont i nu i ng in 1986.
Ms. Wheeleh a n noted that Mrs. Dorothy Wills had pas sed away recently, and that the
ob i tua ry sta ted that a ny don ations be made to the Englewood Public Libra ry. Ms.
Wheelehan asked if any report had been presented by the Remembrance Fund Committee . ~lr. Va ldes answered there would be a report forthcoming at the December meet i ng.
Bruce Hogue thanked the Bo a rd for the "get well" c a rd sent to his wife during her
illness. ~Irs . Hogue truly appreciated the thoughtfulness.
Mr. Peterson asked the Board to consider forming an Intellectual Freedom Committee
for the Library . There have been many court proceedings concerning this subject
recently and he felt our Libra ry should be prepared n case problems a rise here.
After discussion it was s uggested that Mr. Pete rson and ~Is . Dix form a study group
a nd report to the Board next month.
There were no Committee Report s .
Ms. Winkle agreed to conta ct Mr. Chris Paulson, State Representative, to invite
him to breakfast with Board members. Mr. Valdes, Mr. Peterson, ~Is. Sterl i ng, Mr.
Quaintance, Ms. Wheelehan a nd ~lr. Hogue would like to be included i n this brea kfast / d iscussion.
Ms . Winkle noted that Ms. Johnson, a n a ctive libra ry lobbyist for the Colorado
Li brary Association, passed away recently .
Ms . Winkle noted that two items have been added to the Statistical Report --
Tra ffic Count and Average Traffic Count . These statistics are being supplied as
pa rt of the security system which includes a counting device. They reflect patron
visits to the Ma i n Li brary on a monthly and avera ge dai ly ba s is respect i vely.
85-25 ~~T I ON: That the Mi nutes from the September 10, 1985 Meeting be a pproved a s
presented.
loved by: Al Qu ainta nce
Seconded by: Bruce Ho gue
~lot ion carried.
Meeting adjourned at 7:18p.m.
11-13-85 dg
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BY AUTHORITY 9
ORDINAOC E NO. z I
SERIES OF 198_5_ COUOCIL BILL NO. 8 3
UII'RODOCED BY COUOCIL
JIID1BER BRADSHAW
AN ORDINAI'CE ADDING SUBSOCTION C TO SEX::TION 4-1-3-1 OF THE 1985 ~El'JOOD MUNICIPAL CODE, TO ENABLE CITY COlJ!CI L TO AtJI'HORIZE 'll!E
CITY MANAGER TO PURCHASE OOODS UPON 'll!E OPEN MARKET OR THROUGH
NEOOTIATIONS AND WITHOUT REX::EIVING SEALED, CXMPETITIVE BIDS
THEREFOR, BUT ONLY AS TO OOODS THAT ARE PURCHASED FOR RESALE BY
THE CITY.
WHEREAS, certain goods are purchased by the City for resale
and such goods include vending machine supplies, clothing, golf
shop materials, supplies and equipment; and
WHEREAS, it is necessary for the City to be able to purchase
quality goods with a guaranteed supply from local suppliers; and
WHEREAS, these items for resale may often exceed the $2,500
limit and would require competitive bid for the purchases under the
present ordinance;
NO.V, THEREFORE, BE IT ORDAINDED BY 'll!E CITY COUOCIL OF THE
CITY OF ENGI..&J<X>D, CX>LORAOO, AS FOLLGJS:
. Section 1. 'lllat Subsection C shall be adopted and added to
Section 4-1-3-1 of the 1985 Englewood Municipal Code, to read as
follows:
4-1-3-1: PURCHASES WI'll!OUT BIDS
C. 'I1iE CITY MANAGER OR HIS DESIGNEE SHALL HAVE THE A!JI'HORITY
TO PURCHASE OOODS THAT ARE FOR RESALE BY THE CITY, UPON
THE OPEN MARKET OR 'I'HR(){)Gi NEXDI'IATIONS AND WITHOl11'
REX::EIVING SEALED, CXMPETITIVE BIDS THEREFOR.
Introduced, read in full, and passed on first reading on the
18th day of November, 1985.
Published as a Bill for an Ordinance on the 20th day of
Nov ember, 1985.
Read by title and passed on final reading on the 2nd day of
December , 1985.
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Published by title as Ordinance No.
the 4th d ay of December, 1985 .
Attest :
ex officio City Clerk-Treasurer
__ , Series o f 1985, on
E>..lgene L. 0t1s, Ma yor
I, Gary R. Higbee, ex officio City Clerk-Treasurer of the
City of Englewood, Colorado, hereby certify that the above and
foregoing is a true and complete copy of the Ordinance passed on
final reading and published by title as Ordinance No. , Series
of 1985.
Gary R. Higbee
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DATE
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C 0 M M U N I C A T I 0 N
AGENDA ITEM
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SUBJECT AMENDMENTS TO TITLE l-6F OF THE
E.M.C.: DELETION OF CHAPTER 5 OF
OF TITLE 7 OF THE E.M.C.
INITIATED BY WALTER J. GRODITSKI, CODE ADMINISTRATOR
ACT 1 ON PROPOSED APPROVAL OF THE FORMAT AND CONTENT OF THE ATTACHEp REVIS IONS,
AMENDEMNTS AND DELETIONS TO THE E.M.C .
DISCUSSION:
A public hearing is required to be held in regard to the Title 8 rev1s1on of the E.M.C.
due to the fact that the revision involves re-adoption of the City's construction and
safety codes. The re-adoption of these codes involves only semantic and administrative
modifications and in no way alters the content of the codes as they were adopted in 1982.
The attached council communication describes the changes to Title 8 in detail and also
•tlines the modifications to items 9h and 9i on the Consent Agenda.
Items to be discussed at the Public Hearing in regard to the Title 8 revision are the following:
1. Consolidation of construction codes and the fire code into one administrative
ordinance to be known as the "Englewood Building and Safety Code."
2. Establishment of the Division of Building and Safety and associated sub-divisions .
3. Powers and duties of the Division of Building and Safety.
4 . Codes and Regulations included in the new Title 8.
5. Any items specifically requested by the Council or citizens during the hear i ng .
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DATE
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C 0 M M U N I C A T I 0 N
EVISION OF TITLE 8 OF THE E.M.C.;
SUBJECT AMENDMENTS TO TITLE 1-6F OF THE
E.M.C.; DELETION OF CHAPTER 5 OF
TITLE 7 OF TH E M C
INITIATED BY __ W_AL_T_ER_J_. _G_R_OO_I_T_SK_I...;..,_C_O_D_EA_DM_I_N_I S_T_R_AT_O_R ________ _
ACTION PROPOSED APPROVAL OF THE FORMAT AND CONTENT OF THE ATTACHED REVISIONS,
AMENDMENTS AND DELETIONS TO THE E.M.C.
BACKGROUND
In December of 1983 the City Administration authorized the commencement of an 18 month
trial program which saw the City 's Building Department and Fire Prevention Bureau linked
together under the auspices of a Code Administrator in an effort to coordinate the code
enforcement processes which the City delivered to the public. During the course of the
trial period many substantial administrative and practical changes were made within the
tructure of the newly established Division of Building and Safety in an effort to
.treamline and professionalize building and fire inspection services.
The subsequent endorsement of the permanent implementation of the structure of the
Division of Building and Safety by the City has necessitated that certain Municipal Code
provisions be amended, deleted or revised in order to provide a proper legal and
or actical framework for future operations of the Division of Building and Safety.
DISCUSSION
Please refer to the proposed "REVISED DRAFT" of Title 8 of the E.M .C . as well as the
amended version of Title 1-6F, the deletion of Chapter 5 of Title 7, and the "MARK-UP" of
Title 8 as it exists now. All this material has been attached to allow you to scrutinize
the necessary revisions, amendments, and deletions which are to be made to the E.M.C. in
order to provide a sound basis for the future operation of the Division of Building and
Safety. Explanations of all changes are outlined below (by Title Section) in order
to allow close examination and adequate understanding of each individual modification
which was necessary. Some general comments are also included to give a broad overview
of reasons behind some of the major amendments and revisions. (I am available at your
convenience to discuss in detail any, and all, of the items contained herein .)
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Title 8
Title 8 shall be amended by definition to be henceforth known as the "Englewood
Building and Safety Code." All codes and regulations contained within this Title
would be part of the Englewood Building and Safety Code.
A. Title 8, Chapter 1
Chapter one {previously plagiarized from the first two chapters of the Uniform
Building Code) has been totally revised to reflect the structure, administrative
duties, purpose and authority of the Englewood Building and Safety Code and the
Division of Building and Safety. Many previ ou s s ections have been deleted to
provide clarity and comprehensiveness in the r evised proposal, and some new items
have been added. Please note, in particu l ar, Section 8-1-4 which establishes the
Division, Section 8-1-5 which outlines the powers and duties of the Division,
Section 8-1-6 (a new inclusion) which establishes policy on City construction
work, and Sections 8-1-8 through 8-1-11 which are sections governing Appeals,
Unlawful Acts, Violations and Penalties. Chapter 1 is designed to apply to all
codes and regulations contained within the text and scope of Title 8 .
1. 8-1-1. TITLE AND PURPOSE.
Wording has been revised to reflect the new Title 8 name and the purpose of
the regulations included in Title 8.
2. 8-1-2. SCOPE
This section has been deleted since it was a word-for-word reprint out of thr
text of the Uniform Building Code and was designed to apply specifically to
the Uniform Building Code and not a group of separate regulations. Each
code which is adopted within the context of Title 8 has its own statement
relating to the intended "scope" of its regulations.
Section 8-1-2 will be entitled "DUTY TO COMPLY WITH CODE" and will be a
relocated revision of existing Section 8-1-10.
3. 8-1-3. DEFINITIO S
This section has been revised with appropriate definitions.
4. 8-1-4. BUILDING DIVISION, CHIEF BUILDING INSPECTOR
The Title of t~s section has been changed to read "CREATION OF DIVISION OF
BUILDING & SAFETY" and the wording has been completely revised. This section
creates the positions of Code Administrator, Chief Building Official,
Assistant Fire Marshal and Code Enforcement Officer.
5. 8-1-5. GENERAL POWERS AND DUTIES
This section is substantially revised to reflect the scope of the powers and
duties of the Code Administrator and the Division.
6. 8-1 -6. APPLICATION TO EXISTING BUILDINGS
This section has been deleted since it was a word-for-word reprint out of t~
text of the U.B.C.
Section 8-1-6 will be entitled "PER MIT FEES FOR CITY CONSTRUCTION WORK" and
establish clearly defined policies in this regard .
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7. B-1-7. ALTERNATE MATERIAL AND METHODS.
This section has been revised to apply in scope to the entire title.
B. B-1-8. MODIFICATIONS
This section has been deleted since it was a word-for-word reprint out of the
text of the U.B.C.
Section 8-1-B will be entitled "APPEALS" and will provide guidance for appeal
actions of all regulations included in Title 8.
9. B-1-9. TESTS
This section has been deleted since it was a word-for-word reprint out of the
text of the U.B.C.
Section 8-1-9 will be entitled "UNLAWFUL ACTS" and is a relocated revision of
existing section B-1-11.
10. B-1-10. DUTY TO COMPLY WITH CODE
This section has been revised and relocated in Section B-1-2.
Section 8-1-10 will be entitled "VIOLATIONS" and is a relocated revision of
Section 8-1-12.
11. 8-1-11. UNLAWFUL ACTS
This section has been revised and relocated in Section 8-1-9.
Section 8-1-11 will be entitled "PENALTIES" and will outline penalties levied
for violations of this Title. Penalty provisions were drawn from the text of
other areas of Title B which were located inappropriately by subject matter.
12 . 8-1-12. VIOLATIONS
This section has been revised and relocated in Section B-1-10.
B. Title B, Chapter 2
Articles A through Fare the sections of Title 8 which adopt specific construction
related codes. During my review of these adoption ordinances I realized that many
small semantic changes and minor revisions were necessary to provide compatibilty
between the codes which were adopted and the administrative provisions~ Chapter!
of Title 8. I therefore assumed that re-adoption of these codes would be
necessary in order to properly effect the changes which are desired.
Also, existing wording within Article F (Dangerous Building Code) which provides
for financial relief of costs suffered by the City during demolition actions, has
been retained. See Sections 801-9 04 of Article F, Chapter 3 of Title B.
13. B-2A-1. CODE ADOPTED
The 1982 Uniform Building Code will be re-adopted along with certain
appendices and required changes to make it compatible with the administrative
provisions in Chapter 1 of Title B .
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14. 8-2A-2. SPECIFIC CHANGES IN ADOPTED CODE.
Certain new changes are necessary to assure that there is no conflict
between Chapter 1 of Title 8 and the administrative chapters of the U.B.C.
15. 8-2A-3. APPEAL
This section is deleted. Appeals are covered in Section 8-1-8.
16. 8-2A-4. VIOLATION
This section is deleted. Violations are covered in Section 8-1-10.
17. 8-28-1. CODE ADOPTED
The 1982 Uniform Mechancial Code will be re-adopted with requ i red changes to
make it compatible with the administrative provisions in Chapter 1 of
Title 8.
18. 8-28-2. SPECIFIC CHANGES IN ADOPTED CODE
Certain new amendments are necessary to assure that there is no conflict
between Chapter 1 of Title 8 and the administrative chapters of the U.M.C.
19. 8-28-3. VIOLATION
This section is deleted . Violations are covered in Section 8-1-10.
20. 8-2C-1. CODE ADOPTED
The 1982 Uniform Plumbing Code will be re-adopted with requ i red changes to
make it compatible with the administrative provisions in Chapter 1 of
Title 8 .
21. 8-2C-2. SPE CIFIC CHANGES IN ADOPTED CODE
Certain new am end ments are necessary to assure that there is no con f l ict
between Ch apter 1 of Ti tle 8 and the administrative chapters of t he U.P.C .
22. 8-2C -3. VI OLATION
This section is deleted. Vio lat ions a re covered in Sect io n 8-1-10.
23. 8-2D-1 . SCOPE OF ELECTRICAL CODE
No chan ges required.
24. 8-29-2. CODE ADOPTED
No chan ge s requ i red .
25. 8-2D -3. SPECIFIC MOD IF ICATION S TO ADOPTED CODE
No chan ge s re quire d .
26. 8-2D-4. I NSPECTION OF ELECT RIC AL INSTA LL ATIONS
No chan es req uire d .
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; 7. B-2D-5. VIOLATION, PENALTY
This section is deleted. Violation s are covered in Section 8-1-10 and
Penalties in Section 8-1-11.
2B. B-2E-1. ADOPTION OF CODE
This section has some slight revisions in wording.
29. B-2E-2. SPECIFIC CHANGES IN ADOPTED CODE
No cha nges required .
30 . 8-2E-3. ENFORCEMENT OF FIRE CODE .
This section is de leted . Enforcement provision s are outlined in Chapter 1
of Title 8 .
31. B-2E-4. DEFINITIONS.
This section is deleted . Definitions are now in Section 8-1-3.
32. B-2E-5. ESTABLISHMENT OF MOTOR VEHICLE ROUTES : 8-2E-6. ESTABLISHMENT OF
FIRE LANES: 8-2E-8. APPEALS : 8-2E-9. PENALTIES.
These sections are all deleted from this Article and moved to Title 1-6F,
FIRE DEPARTMENT .
33. B-2E-7 . MOD IFIC ATIO NS, NEW MATERIALS OR PROCESSES
This section is deleted . This subj ect is covered in Section 8-1-7.
34. 8-2F-1. CODE ADOPTED .
The 1982 Uniform Code for the Abatement of Dangerous Buildings will be
adopted with required chang es to make it compatible with the administrative
provisions in Chapter 1 of Titl e B.
35. B-2F-2. SPECIFIC CHANGES IN ADOPTED CODE
Certain amendments are necessary to assure that there is no conflict
between Chapter I of Title 8 and the administrative provisions of the
Uniform Code for the Abatement of Dangerous Buildings.
C. Title B, Chapter 3
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This chapter contains two Articles: Article A-which regulates Private Swimming
Pools and Article B -which regulates Public Swimming Pools. The old ordinances
contain provisions for permit fees (which were never collected in any past cases)
and inspection services (which have never been provided) for pool installations.
[See mark-up of ol d ordinances.) After me et ing with representatives of the Tri-
County Health Department I became aware of some statutory provisions relative to
swimming pools. I have therefore revised these articles to reflect the responsi-
bilities man dated in the re lated statutes and to make our ordinances correlate with
the State regulations by adopting their standards for public and semi-public pools
as well as revising our old definitions. See the attachment which I have provided
for your reference .
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36. 8-3A-:. COMPLIANCE WITH CODE.
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This section has a slight revision in wording.
37. 8-3A-2. DEFINITIONS
New definitions which correspond with those established by the Colorado State
Department of Health have replaced the prior definitions in this section .
38. 8-3A-3. PERMIT REQUIREMENTS
Some minor wording revisions made to this section .
39 . 8-3A-4. LOCATION
Some minor wording revisions made to this section.
40. 8-3A-5. SANITARY REQUIREMENTS
Some minor wording revis io ns made to this section.
41. 8-3A-6. LIGHTING
Minor wording revisions .
42. 8-3A-7. FENCING
Minor wording revisions.
43 . 8-38-1. COMPLIANCE WITH CODE
Mi nor wording revisions .
44. 8-38-2. DEFINITIONS
This section has been relocated to 8-38-3. New section 8-38-2 is ent i tled
"COLO RADO STATE DEPARTMENT OF HEALTH SWIMMING POO L REGULATIONS & STANDARDS
ADOPTED."
This section adopts, by reference, the Swimming Pool Regulations & Standards
promulgated by the Colorado State Department of Health and allows for the
deletion of certain other sections within this Article.
45. 8-38-3. PLANS AND SPECIFICATIONS
This section has been relocated to 8-38-4. New Section 8-38-3 is entit l ed
"DEFINITIONS" and contains new definitions which correspond to those
established by the Colorado State Department of Health.
46. 8-38-4. LICENSE FEE
This section has been deleted and replaced with new Section 8-38-4 entitled
"PLANS AND SPEC IF !CATIONS." The requirements for plan submitta 1 have been
revised to correlate with the statutory requirements in CRS 1973:25-5 Part
47. 8-38-5. INSPECTION SERVICES
has been deleted an d replaced with new ~ection 8:30-5 e~titled ANING ORDER." This section has some m1nor word1n rev1s1ons .
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48. 8-3B-6. CERTIFICATES OF INSPECTION
This section has been deleted.
49. 8-3B-7. BASIC SANITARY REQUIREMENTS
This section has been deleted.
50. 8-3B-8. REPAIR OR CLEANING ORDER
This section has been relocated to Section 8-38-5 of this Article.
D. Title 8, Chapters 4 & 5
These two chapters contain minor wording revisions.
51. 8-4-1. NUMERICAL SYSTEM FOR NUMBERING
This section contains some minor wording revisions.
52. 8-4-2. OWNER'S DUTY TO NUMBER
No changes required .
53. 8-5-1. MOVING BUILDINGS
This section contains some minor wording revisions .
54. 8-5-2. APPLICATION, FEES AND TERM
Minor wording revisions .
55. 8-5-3. PERFORMANCE BONO REQUIREMENTS
Wording revisions.
56. 8-5-4. CASH DEPOSI T
Minor wording revisions.
57. 8-5-5. INSPECTIONS REQUIRED
Minor wording revisions.
58. 8-5-6A. STRUCTURES LOCATED IN THE CITY
Revised wording with some deleted redundant information.
59. 8-5-6B . BUILDINGS IN COMMERCIAL DISTRICTS AND FOUR OR MORE DWELLING UNITS
wording revisions.
60. 8-5-6C. STRUCTURE MOV ED TO ANOTHER JURISDICTION
Minor wording revisions .
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61. 8-5-7. PREPARATION FOR MOVING A STRUCTURE
Minor wording revisions.
62. 8-5-8. SITE MAINTENANCE, PROHIBITED CONDITIONS
Minor wording revisions.
63. 8-5-9. TIME OF MOVEMENT
Minor wording revisions.
64. 8-5-10 . NOTICE TO UTILITY COMPANIES
No changes.
65. 8-5-11. ADVANCE POSTING OF ROUTE
No changes.
66. 8-5-12. USE OF STATE HIGHWAY, PRIOR APPROVAL REQUIRED.
Minor wording revisions.
67. 8-5-13. TRAFFIC HAZARD PREVENTION MEASURES.
No changes.
E. Title 8, Chapter 6
The major revision to this chapter is a new fee for demolition of non-resident i al
and multi-family structures. See Section 8-6-1C.
68. 8-6-1. DEMOLITION PERMIT REQUIREMENTS
This section has been revised to reflect a change in the fee structure for
demolition permits. Duplex and single-family residential structures will
be feed at the previous rate of fifty dollars ($50.00). The demolit ion
fee for commercial and multi -family structures will be two hundred
dollars ($200 .00) to cover administrative costs and the cost of field
inspections.
6g. 8-6-2. APPLICATION FOR PERMIT
Minor wording revisions .
70. 8-6-3 . DEMOLITION PROCEDURE REQUIRE MENTS.
Minor wording revisions.
71. 8-6-4. NUISANCE, PENALTIES .
Delete this section. Penalties are covered in Section 8-1-11 of this Title
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Title 1, Chapter 6, Article F
A. Because the creation of the Division of Building and Safety involved placing
a member of the Fire Department (Assistant Fire Marshal l , Fire Prevent i on
Bureau) under the supervision of the Code Administrator, I felt that changes
to th i s section of the E.M.C . were necessary to establish that the Fire
Department has committed itself to providing the necessary resources to
supplement the needs of the Division of. Building and Safety as approved
by the City.
You will therefore notice that a new section establishing a Fire Prevention
Bureau under the administration of the Code Administrator, has been wr itten
into this Article. Along with that change, some regulatory provisions which
were attached to the adoption ordinance for the fire code have been placed
into this Article where they wil l be the direct responsibility of the Fire
Department (see l-6F-7, l-6F-8, l-6F-9 and 1-6F-10).
The requirement to investigate the cause of fires has also been added to the
list of Fire Department duties in Section l-6F-4.
1. 1-6F-1. PAID FIRE DEPARTMENT
No changes.
2. 1-6F-1-l. DEPARTMENT CREATED, MEMBERS
No changes.
3. l-6F-1-2. FIRE CHIEF
No changes .
4. l-6F-l-3. DUTIES OF THE DEPARTMENT.
This section has been relocated to l-6F-l-4. New Section l-6F-l-3 is
entitled "FIRE PREVENTION BUREAU" and establishes the existence of the
Fire Prevention Bureau as well as its subordinate position under t he
auspices of the Code Administrator.
5. l-6F-l-4. [DUTIES OF TH E DEPAR TMENT]
6.
7.
8 .
This is a new section which is a relocation of existing sec tion l-6F-l-3.
A new item has been added as subsection G which requires the Fire Depart-
ment to investigate for cause of all fires occurring within the City.
Exis ting subsecti on G has been re-designated as subsection H.
l-6F-2. VOL UN TEER FIR E DEPARTMENT
No changes .
l-6F-3-l. FIRE ME N'S PENSION FUND
No chang es.
1-6F-3-2. FIREFIGHTERS' BE NEFIT FUND
No changes .
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9. 1-6F-3-3. PERMANENT DISABILITY BENEFITS
No changes.
10. 1-6F-3-4. RETIREMENT BENEFITS
No changes.
11. l-6F-3-5. LEAVING SERVICE PRIOR TO ELIGIBILITY
No changes.
12. 1-6F-3-6. VOLUNTEER FIREFIGHTERS' PENSION FUND
No changes .
13. 1-6F-4. DESTRUCTION OF PROPERTY
No changes.
14. 1-6F-5. MUTUAL AID AGREEMENTS
No changes.
15. 1-6F-6 EMERGENCY RES PONSE AUTHORITY
No changes.
16. 1-6F-7. ESTABLISHMENT OF MOT OR VEHICLE ROUTES .
This section reloc ated from Ti tle 8-2E-5 with some wording revisions.
17. 1-6F-8 . ESTABLISHMENT OF FIRE LANES
This section reloc ated f rom Title 8-2E-6 with no changes .
18 . 1-6F-9 . APPEALS .
Thi s sect i on r elocated from Tit le 8-2E-8 wi th some wording rev i s i ons .
19. l -6F -10. PEN ALTIES
This section relocated from Title 8-2E-9 wi t h som e word in g revisions.
III. Title 7 -Public Safety
A. Title 7, Chapter 5 FIRE WORKS
Delete entire Chap te r. This topic is co vered in an i de ntica l fashi on in
Articl e 78 of the Uniform Fire Code .
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FJNANCIAL IMPLICATIONS
The Division of Building and Safety established two new positions (Plans Examiner and ~ermit Technician) and upgraded the Chief Building Inspector's position. The Building
Department and Fire Department relinquished one position each (Chief Building Official
and Fire Marshal) to accomodate the establishment of the Code Administrator's position. The result was the following tradeoff:
1) Positions deleted -Ch ief Building Official, Fire Marshal.
2) Positions added-Permit Technician (1), Plans Examiner, Code Administrator.
The salary differential resulted in the City providing approximately $20,000 extra in yearly salaries and benefits.
The additional revenue generated from plan review fees (never collected before) between January of 1984 and June of 1985 was $77,829.
RECOMMENDATION
Approval of the revisions, amendments and deletions to the E.M.C., as provided for
herein, to provide a proper legal and practical framework for future operations of the Division of Building and Safety.
The scope of the new provisions attached to the repeal and re-enactment of Title 8 of the
E.M.C. [Council Bill No. 77, Series of 1g85) will require that a public hearing be held
on the issue. I am recommending that the date of December 2, 1985 be reserved as the hearing date.
"he companion ordinance revisions which accompany the re-enactment of Title 8 [Title 1-6F, ~ou ncil Bill No. 78, Series of 1985 and Title 7-5, Council Bill No . 79, Series of 1985),
if approved on first reading, should be held over for final approval until the public
hearing is held so that all ordinances take effect at the same time.
SUGGESTED ACTION:
MOVED BY
SECOND
YES NO _ABSENT
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oRDINAN:E oo.M
SERIES OF 1985
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BY Al1l'HORITY
1 OA '
COUNCIL BILL 00. 77
INI'ROI)l£ED BY O)UOCIL
~ER BRADSHAW
AN ORDINAOCE REPEALING TITLE 8 OF 'mE ENGLDiOOO MUNICIPAL CXDE 1985
AND REEN11CTING A Nt1'i TITLE 8 TO PROVIDE FOR Ar.MINISTRATIVE ~
PRACTICAL CHANGES TO STREAMLINE ~ PR<FESSIONALIZE BUILDING ~
FIRE INSP&:TION SERVICES 'l'HROUGI 'mE PERHANEtfl'LY IMPUMENrED
DIVISION OF BUILDING AN) SAFETY; READOPTING BY REFERDCE 'mE
UNIFORM BUILDING ca>E, 1982 EDITION, UNIFORM MB:HANICAL CXDE, 1982
FDITION, UNIFORM PL!J1BING ca>E, 1982 EDITION, NATIONAL ELECl'RICAL
ca>E, 1984 EDITION, UNIFORM FIRE ca>E, 1982 EDITION, UNIFORM ca>E
FOR THE ABATI'MENI' OF IY\NGEROUS BUILDI!G>, 1982 EDITION; ~
PROVIDING FOR RmJLATIONS OOVERNING 9intoliNG POOLS, !U'SERING
BUHDI!Gi, I'«)VlNG STRt:X:TlJRES AND DEMOLITION OF STROC'l'URES·
WHEREAS, in December of 1983 the City Administration
authorized an 18~nth trial program linking the City's Building
Department and Fire Prevention Bureau under a Code Administrator to
coordinate the Code enforcanent processes lltlich the City delivered
to the public; and
WHEREAS, subsequent endorsement of the pennanent implementa-
tion of the Division of Building and Safety by the City has
necessitated 511E!nding, deleting or revising certain ttmicipal Code
provisions, to provide a proper framework for future operations of
the Div ision of Building and Safety;
N:M, 'niEREFORE, BE IT QRDII.INED BY THE CITY eoutCIL OF THE
CITY OF ~. COLORADO, 'mAT:
Section 1 . Title 8 of the Englewood ttmicipal Code 1985 is
hereby repealed and a new Title 8 is enacted to read as follows:
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Ttt1e 8
Englewood Building and S•fety Code
SUBJECT CHAPTER
Division of Building & Safety Administration ................. !
Construction and Safety Codes ............................................... 2
Building Code ...................................................................... 2A
Mechanical Code ................................................................. 28
Plumbing Code .................................................................... 2C
Electrical Code ................................................................... 20
Fire Code ............................................................................... 2E
Dangerous Building Code ................................................ 2F
Swimming Pools ............................................................................ 3
Private Swimming Pools ................................................ JA
Publlc/Semi-Publ1c Swimming Pools ...................... 38
Numbering Buildings .................................................................... 4
Moving Structures ......................................................................... 5
Demolition of Structures ........................................................... 6
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SECTION
8-1-1:
8-1-2:
8-1-J:
8-1-4:
8-1-5:
8-1-6:
8-1-7:
8-1-8:
8 -1-9:
8-1 -10:
8-1-11 :
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CHAPTER I
DIVISION OF BUILDING & SAFETY ADMINISTRATION
TItle and Purpose
Duty to Comply wtth Code
Def1n1t1ons
Creat1on of D1v1s1on of Bufld1ng and Safety
General Powers and Duties
Perm1t Fees for C1ty ConstrucUon Work
Alternate t1ater1als and Methods
Appeals
Unlawful Acts
Vtolat1ons
Penalties
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8-t-1 : TITLE AND PURPOSE
This Title shall be referred to and known as the "Englewood Building
and Safety Code" and is enacted to provide minimum standards to safeguard
life and limb and promote the public health, welfare and safety of the
citizens of the City of Englewood, and of the pub11c generally, by regulating
and controlling the design, construction, Quality or materials, use and
occupancy, location and maintenance or all buildings, structures and
utilities within the City and certain equipment specifically regulated
herein.
8-t-2: DUTY TO COMPLY WITH CODE
A It shall be the duty of all officers and employees of the City or
Englewood to cooperate In the enforcement of the Englewood Building and
Safety Code . Such cooperation shall include any assistance that may be
required for the enforcement of the Englewood Building and Safety Code.
B. A variance granted by the Board of Adjustment and Appeals shall
become null and void If required permits are not obtained and worl< started
with in stx (6) months from the date the variance Is granted.
c. No oversight, neglect or dereltctton on the part of the Code
Administrator or any authorized ass istant shall authorize violation of this
Code . Each day a violation is continued constitutes a separate offense.
D. This Code shall not be construed to relieve from or lessen the
responsiblllty of any person owning, operating or controlling any building or
structure for any damages to persons or property caused by defects, nor
shall the code enforcement agency or Its parent jurisdiction be held as
assuming any such 11ab111ty by reason of the Inspections authorized by this
Code or by certificates of inspection issued under this Code .
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8-1-J: DEFINITIONS
A The term "Englewood Building and Safety Code" shall mean this entire
Title and all codes adopted herein.
B. Where the terms "Bu11ding Official" or "Chief Building Official" are
used In this Title or any code In this Title, this shall mean the Code
Administrator. or his authorized representative.
C. The term "institution· shall mean the occupancy or use of a building
or structure or any portion thereof by persons harbored or detained to
receive medical, charitable or other care or treatment, or by persons
involuntarily detained.
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6-1-4: CREATION OF DIVISION OF BUilDING & SAFETY
A. DIVIS ION ESTABLISHED
1. There shall be and is hereby established within the Department
of Community Development, a Division of Building & Safety.
2. The Division shall be administered by a Code Administrator
appointed by the City Manager in accordance with the Career Service
provis i ons contained I n this Mun i cipal Code and whose powers and duties are
hereinafter defined. The Code Administrator shaJI be qualified by education
and/or experience to the levels established in the approved job description
for his position.
3. The Building Insp ection Section of the Division shaiJ be
supervised by a Chief Building In spector appo inted by the City Manager In
accordance w ith the Career Serv ice prov isi ons conta i ned in this Municipal
Code and whose powers and duties are hereinafter defined. The Ch i ef
Bu ilding Inspector shaiJ be qualified by education and/or experience to the
l evels established In the approved job description for his position.
4. The Fire Prevention Bu r eau within the Div i sion shall be
supervised by an Assistant Fire Marshal appointed by the City Manager In
accordance w ith the Career Service provisions contained In this Municipal
Code and whose powers and dut1es are hereinafter def ined . The Ass i stant
F1re Ma r sha l sha iJ be qualifi ed by education and /or expe ri ence to the levels
established m the app roved job description for his posit i on .
5. The Code Enforcement Section of the Di vision shall be staffed
by certain Code Enforcement Officers appo inted by the City Manager in
accordance with the Caree r Serv i ce provisions contained In this Municipal
Code and whose powers and duties are hereinafter defined. Each Code
Enforcement Officer shall be qualif i ed by education and/or exper i ence to the
l eve ls established in the approved job description for his posit i on .
6 The City Manager shall be empowered to appoint deputies of the
Code Administrator In the event of the Code Admin istrator's absence ,
disability or hi s need for assistants to carry out his functions. The deputies
sha ll be vested wlth such authority as the Code Adm ini strator lawfully
possesses
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B. IDENTIFICATION OF DIVISION EMPLOYEES .
1. Each employee of this Division shall be provided by the City
with an identification card bearing a photograph or the employee and
information required by the Code Administrator. Such Identification card
shall also bear the authority granted herein. Such card shall be carried by
the person so Identified and shall be used when necessary to properly
Identify himself while performing his official duties.
8-1-5: GENERAL POWERS AND DUTIES
A The Division of Building and Safety shall administer and enforce the
Englewood Building and Safety Code and all other ordinances and codes
which may hereafter be assigned to the Division for enforcement and
administration. There are hereby vested to the Division the duty of
enforcing and administering the Englewood Building and Safety Code and all
powers necessary for such enforcement.
B. The Code Administrator shall manage the operation of the Division of
Building and Safety and for purposes of official action and authority shall
hold the title of Chief Building Official along with the tltle of Fire Marshal.
The Code Adminstrator shall supervise the daily activities and performance
of the Chief Bu11dlng Inspector, the Assistant Fire Marshal, and the Code
Enforcement Officers, whO shall be his immediate subordinates.
C. The Chief Buildmg Inspector shall supervise the daily functioning or
the building inspection staff of the Division and shall assume the duties or
the Code Administrator at times when that position Is vacant.
D. The Assistant Fire Marshal shall supervise the dally functioning of
the Fire Prevention Bureau and shall assist the Chief Building Inspector In
performing the duties of the Fire Marshal at such times when the Code
Administrator's position is vacant.
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E. The Code Enforcement Officers shall enforce environmental
provisions of the Englewood Municipal Code, certain provisions of the
Englewood Comprehensive Zoning Ordinance, and shall aid the Assistant Fire
Marshal in conducting fire code inspections when necessary.
F. Such Inspectors, technicians, assistants and other employees as shall
t>e reQuired and authorized In the annual budget shall be appointed and
assigned to the Division In accordance with the provisions or the Career
Service Rules as contained in this Municipal Code. Inspectors shall have
such authority as the Code Administrator lawfully possesses in carrying out
their assigned duties.
G. Records . the Code Administrator shall maintain records or
applications for permits, permits Issued, certificates or occupancy,
Inspections and Investigations, applications ror licenses, licenses Issued,
rees collected aM other Information that may be reQuired. He shall make
such reports to the Director of Community Development and the Fire Chief
concerning the activ i ties of the Di vision , violations of the Englewood
Building and Safety Code , and such other matters as may be reQuired .
H. Public inspection of records. General file records or the Division
shall be open for public inspection but may not be removed . Specific
Investigation records on Individual cases and license applications are not
open to the public except by direction or the City Manager or order of the
court.
1. Author ity to inspect. The Code Administrator and his authorized
age nts shall have the authority to inspect or cause to be inspected for
complianc e w ith the Englewood Bu i lding and Safety Code, all buildings,
structures, premises or ut ilities withi n the City or Englewood .
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J . Right of entry. Whenever necessary to make an Inspection to enforce
any of the provisions of this Code, or whenever the Code Administrator or
his authorized representative has reasonable cause to believe that there
exists in any building or upon any premises any condition or code violation
which makes such building or premises unsafe, dangerous, or hazardous, the
Code Administrator or his authorized representative may enter such building
or premises at all reasonable times to Inspect the same or to perform any
duty Imposed upon the the Code Administrator by this Code, provided that If
such building or premises be occupied, he shall first present proper
credentials and request entry; and If such building or premises be
unoccupied, he shall first make a reasonable effort to locate the owner or
other persons having charge or control of the building or premises and
request entry. If such entry is refused, the Code Administrator or his
authorized representative shall have recourse to every remedy provided by
Jaw to secure entry. No owner or occupant or any other persons having
charge, care or control of any building or premises shall fall or neglect.
after proper request is made as provided by law, to promptly permit entry
therein by the Code Administrator or his authorized representative for the
purpose of mspection and examination pursuant to this Code .
K. Investigations and surveys. Incidental to any of these duties and
powers. but without limitation of same. the Code Administrator shall
conduct Investigations and surveys to determine compliance or
noncompliance with the provi sions of the Englewood Building and Safety
Code and shall investigate or cause to be inv estigated all accidents
pertammg to buildings, structures. premises or utilities for the purpose of
ascerta1nmg whether the requirements or the Englewood Building and Safety
Code ha e been violated
L. The Code Admin i strator or any employee charged with the
enforcement of this Code, acting In good faith and without malice In the
discharge or his official duties. shall not thereby render himself liable
persona lly and is hereby relieved from all personal liability for any damage
that may accrue to persons or property as a result of any act required, or by
reason of any act or om1551on, m the discharge of his duties. Any suit
brought against the Code Administrator or employee because of such act or
omiss10n performed by him in the enforcement of any provisions of this
Code shall be defended by the Legal Department of the City until termination
of the proceedings .
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M. Organizational Chart.
PLUMBING-
MECHANICAl
INSPECTOR
Dl&AINIBZA 'ii'IOIHIAL CHARY
DIVISION OF BUilDIIItO & SAF£TY
DIRECTOR OF
COMMUNITY DEYUOPH£11T
-:,.-;::':i'~: .. ]
c
CODE ENFORCEMENT
OFFIC£R
9
FilE PIEYEWT'IIa'
IUIEAU
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6-1 -6 : PERMIT FEES FOR CITY CONSTRUCTION WORK
A. Any construction work governed by this Title, which is to be
accomplished by employees of the Clty of Englewood In, or on, property
owned by the City of Englewood, shall be exempt from all permit fee
assessments which would normally be required . All City of Englewood
employees who perform construction work for the City must be properly
licensed or be working under the supervision or an lncllvldual wno Is
properly licensed. Waiver of permit fees does not exempt City employees
from having all necessary permits and approvals prior to commencement of
construction work.
B. Commercial and private contractors doing construction work for the
City of Englewood shall not be exempt from the payment of permit fees.
6-1-7: ALTERNATE MATERIALS AND METHODS
A The provisions of the Englewood Building and Safety Code are not
intended to prevent the use of any material or method not specifically
prescribed by the Code, provided any alternate or modification to the Code
has been approved and its use authorized by the Code Administrator.
B. The Code Administrator may approve any alternate material or method
provided he fmds that the proposed design, use, or operation Is satisfactory
and complies with the intent of this Code and that the material, method of
work performed, or operation is, for the purpose intended, at least the
equivalent of that prescribed in this Code in quality, strength,
effectiveness, fire resistance, durability, safet~· a:-1d sa;;itatio!"l.
c. The Code Administrator shall require that sufficient evidence of
compliance with the prov isi ons and Intent or this Code be provided when
alternate materials or methods are Intended to be utilized. When new
technologies, processes, products, materials and/or uses present technical
problems which the Divisi on staff is not trained to adequately evaluate, the
Code Adminstrator may require the submittal of test documentation,
wntten ev i dence, or may require that tests be conducted to substantiate
compliance with the intent and provisions of this Code . Such evidence shall
be prepa r ed by qualified engineers, specialists, laboratory or fire -safety
organizatIons, or other approved agencies acceptable to the Code
Admmistrator and shall be provided at the expense of the person requesting
approval of the alternate mater1al or method
D. All details of any action granting modifications to this Code shall be
recorded and entered into orrtc1al records of the Division.
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8-t-8: APPEALS
Whenever the Code Administrator or his agent shall disapprove an
application or refuse to grant a permit applied for, or disapprove an
application for alternate materials or methods, or when It Is claimed that
the provisions or the Englewood Building and Safety Code do not apply In the
manner In which the Code Administrator or his agent determines, or when 1t
Is claimed that the true Intent and meaning or the Code have been
misconstrued or wrongly Interpreted by the Code Admlnstrator or his agent,
any person aggrieved thereby may appeal from the decision or the Code
Administrator or his agent to the Englewood Board or Adjustment and
Appeals within thirty (30) days from the date of the decision appealed,
which Board shall review the decision or the Code Administrator or his
agent and render a final and binding decision thereupon . In considering such
appeals, the Englewood Board or Adjustment and Appeals shall have the
powers granted to the Code Administrator.
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8-1-9: UNLAWFUL ACTS
It shall be unlawful for any person to do or cause to be done, or
perform or cause to be performed, any act contrary to or In violation or any
of the provisions of this Code or any other code, ordinance, rule or .
regulation promulgated thereunder which Is enforced and administered by
the D1v1s1on of Building ana Safety or the Department of Community
Development It shall be unlawful:
A Alternate Methods, Materials and equipment. For any person to use
any method, material or equipment as an alternate to the methods,
materials and equipment permitted by this Code without first having
obtained app roval in the manner provided.
B. Licensing. To excavate, erect, construct, enlarge, remodel, alter,
repair. move. Improve. remove. convert or demolish any building, structure
or utility in the City without first obtaining a license or certificate In
accordance with the provisions of this Code.
C. Licensee and Certificate Holder Responsibility. For any licensee or
certificate holder to commit any violation or the responsibilities as
enumerated elsewhere in this Code .
D. Drawing and Specifications. To make application for a permit without
first hav i ng submitted drawings and specifications as required by
provisions of this Code .
E. Permits. To excavate , erect , construct, enlarge, remodel, alter,
rep air, move, Improve, remove, convert or demolish any building, structure
or utility in the City without first obtaining a permit In accordance with the
provisions of this Code .
F. Certlficate of Occupancy . For any person to occupy any building or
structure without first having obtained a certificate of occupancy as
requ1red by the provis ions of this Code . The Chief Building Inspector may
issue a temporary certificate of occupancy .
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G. Unsafe Buildings. For any person to maintain or permit to be
maintained, any building, structure or utility when such building, structure
or utility Is unsafe in accordance with the provisions of this Code. These
requirements shall apply to buildings, structures or utilities now existing,
under construction or b~lng demolished.
H. Wrecking. To sell or to advertise for sale used building materials at
the site of wrecking operations.
I. Burning of Waste Material. For any contractor to bum paper, refuse,
waste or other materials at the site of any wrecking or building operation
without first having obtained the required permit as provided for In this
Code .
J . Excavation and Fill Materials. For any person to allow any excavation
to be left open, or any fill material to be plied on site, for a period In excess
of s i xty days. The Chief Building Inspector may extend this period If
necessary due to unusual conditions .
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8 -1-10: VIOLATIONS
A Established . Whenever, by the provisions of this Code, the
performance of any act is prohibited or wherever any regulation, dimension
or limitation is imposed on the erection, alteration, maintenance or
occupancy of any building, structure or utility, a failure to comply with the
provisions or this Code shall constitute a vlolatton. A separate offense
shall be deemed committed during each day on which a violation occurs or
continues.
B. Double Fee If Work Started without Permit; Emergency Work . Any
person who shall commence any work for which a permit Is required by this
Code without first having obtained a permit therefor shall, If subsequently
permitted to obta in a permit, pay double the permit fee fixed for such work;
provided however, this provision shall not apply to emergency work when It
shall be proved to the satisfaction or the Code Administrator that sucn work
was urgently necessary and that it was not feasible to obtain a permit
therefor before the commencement of the work. In all such cases a permit
must be obtained as soon as it is feasible to do so, and If there be an
unreasonable delay In obtaining such permit, a double fee shall be charged.
The payment of such double fee shall not relieve any person from fully
comply ing with the requirements of this Code In the execution of the work
nor from any other penalties prescrlbeO herein.
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8-1-11: PENALTIES
A. Any person who shall violate any of the provisions of the Englewood
Building and Safety Code, or who fails to comply with the provisions of
Title 8 of the Englewood Municipal Code, or who shall violate or who shall
fail to comply with any order made thereunder, or who shall build any
structure of any nature in violation of any deta1led statement or
specifications or plans submitted and approved thereunder. or any
certificate or permit issued thereunder, and from which no appeal has been
taken; or who shall fail to comply with such an order as affirmed or
modified by the Englewood Board of Adjustment and Appeals, or by a court
of competent jurisdiction, within the time fixed therein, shall be considered
to have violated this Code and shall be subject to those penalties prescribed
in Section 1-4-1 of the Englewood Municipal Code . The imposition of one ( 1)
penalty for any violation shall not excuse the violation nor permit It to
continue. and all such persons shall be required to correct or remedy such
violations or defects within a reasonable time.
B. Any continu i ng act which, under subsection A hereof shall constitute
a violation of this Code, is hereby declared to be a public nuisance and in
add i tion to all other pena l ties prescribed herein, the City may take such
leg a 1 act ion to abate suc h nuisance as sha 11 be appropriate.
c. The suspension or revocation of any 11cense. certificate, registration,
permit or other privileges conferred by the City shall not be regarded as a
penalty for the purposes of enforcement of this Code .
D. In the event any bu ilding, structure or utility is erected, constructed,
reconstructed, altered, repaired, converted, demolished, moved or
maintained ; or 3ny building, structure, excavation or utility is used ; in
violation of this Code, the City or any proper person may institute any
appropriate action or pro ceed ings to prevent such unlawful erection,
construction, reconstruction, alteration, repair, conversion, maintenance or
occupancy ; to restrain, correc t or abate such violation; or to prevent the
occupancy of said building, structure or land The imposition of any penalty
hereunder shall not prec lude the City or any proper person from instituting
any appropriate action or proceeding to require compliance with the
provisions of this Code and with administrative orders and determ i nation
made hereunder .
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SECTION
8-2A-I:
8-2A-2:
8-2A-I:
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CHAPTER 2
CONSTRUCTION AND SAFETY CODES
ARTICLE A BUILDING CODE
Code Adopted
Speclftc Changes In Adopted Code
CODE ADOPTED
There Is hereby adopted, by reference thereto, the Uniform Building
Code, 1982 Edition, Including appendix chapters 7(Part 1), 11, 32, 38, 49, 55
& 70, published by the International Conference of Building Officials, 5360
Workman Mill Road, Whittier, California, 90601, with the same force and
effect as If the same were fully set forth herein, subject to the exceptions,
modifications and amendments thereto as hereinafter set forth. Not less
than three copies of the above described Code shall be certified to be true
copies of said Code by the Mayor and the Clerk and flied In the office or the
Clerk at least fifteen days prior to public hearing and subject to public
inspection at all times while said Code is In full force and effect. The Clerk
shall maintain at all times reasonable copies of the Code available for
purchase by the public at reasonable price.
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8-2A-2: SPECIFIC CHANGES IN ADOPTED CODE
The following specific changes, modifications, and amendments are
hereby made In the provisions of the Uniform Building Code, 1982 Edition,
hereinabove adopted :
A Delete Section 102 of Chapter 1.
B. Delete Section 105 of Chapter I.
c. Delete Sect tons 20 I, 202(a), 202(b), 202(c), 204, and 205 of Chapter
2 .
D. Section 1807(a), page II o, SCOPE . Delete the last sentence and add
the following sentence:
svciJ !Jvlldtnps s/Ja/1 !Je provided wttiJ an avtomattc sprinkler
system in HccordHnce With Section (c)
E. Sect ion 1807(1), page 114, AREAS OF REFUGE (Compartmentation)
ALTERNATE. Delete entire section.
F. Section 3802(b), page 583, ALL OCCUPANCIES EXCEPT GROUP R,
DIVISION 3, and GROUP M. Mel the following paragraph as Item 5:
In all !Jvlldinps whtciJ are 50 or more feet In /Jelp!Jt
(as defined in Chapter 4 of the 1982 tJmrorm
But/ding Code). or w/Jich comprise more than fotr
stories irrespective of heig/Jl Except Grovp 8
occupancies classll"!'ed exclvstvely as open P.YkliJ9
parapes In accordance with Sect ton 709 or t/Je
I 982l/nlform Bwld!iJ9 Code.
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SECTION:
8-28-1:
8-28-2:
8-28-1:
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CHAPTER 2
CONSTRUCTION AND SAFETY CODES
ARTICLE 8 MECHANICAL CODE
Code Adopted
Spectftc Changes tn Adopted Code
CODE ADOPTED
There Is hereby adopted, by reference thereto, the Uniform Mechanical Code,
1982 Edition, published by the International Conference or Building
Officials, 5360 Workman Mill Road, Whittier. Callromla, 90601, with the
same rorce and errect as tr the same were fully set rorth herein, SUbject to
the exceptions, modifications and amendments thereto as hereinafter set
forth. Not less than three copies of the above described Code shall be
certified to be true copies of said Code by the Mayor and the Clerk and flied
in the office of the Clerk at least fifteen days prior to public hearing and
subject to public inspection at all times while said Code Is In full force and
effect. The Clerk shall maintain at all times reasonable copies or the Code
available ror purchase by the public at reasonable price.
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8-28-2: SPECIFIC CHANGES IN ADOPTED CODE
The following specific changes, modifications and amendments are
hereby made In the provisions of the Uniform Mechanical Code, 1982 Edition,
hereinabove adopted :
A De Jete Sect I on I 02 or Chapter I.
B. Delete Section 105 or Chapter I.
C. Delete Sections 201(a), 201(b), 201(c), 203 and 205 or Chapter 2.
D. Section 304(a), page 19, PERMIT FEES . Delete the r1rst sentence and
replace with the wording :
Tile tee tor eacll permit slla/1 be based on tile valuation
or construction and determined as set forti/In Table
No. J-A of tile Uniform Bllllding Code.
E. Section 304(b), page 19, PLAN REVIEW FEES . Delete the second and
third sentences and replace with the wording :
Tile plan review fees for review of mec!Janical plans
s/Ja/1 be equal to 65 percent or t!Je total permit fee.
W!Jen plans are incomplete or cllanged so as to require
additional plan review, an additional plan review tee
s/Ja/1 be c!Jarged at t!Je rate s!Jown in Table No. J-A of
t!Je Umform Building Code.
F. Section 305(0, page 21, REINSPECTIONS . At the end of the fourth
pa r agraph add the wording :
of t!Je Umform Bllllding Code.
G. Delete Table No. 3-A, page 22 , MECHANICAL PERMIT FEES.
H. Section 801, page 61, SCOPE. Delete the phrase "floor furnace ·.
I. Section 802, page 61, GENERAL. Delete the phrase "floor furnace ·
wherever 1t appea rs in this Sect ion .
J . Section 80.<:1, page 62, FLOOR FURNACES . Delete this entire Sect 1on
and replace w1tn the following ·
FLOOR ANO DUAL FLOOR FURNACES Sect ion 804 T!Je
instal/afton of floor and dual floor fumaces IS
pro!Jibtted
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K. Section 180 I, page 122, GENERAL. Add a second paragraph as follows:
Applications for permits to construct commercial
incinerators must be approved by the Air Pollution Oept
of t/Je State of Colorildo, the Tri-County District Healt/J
Oept, ilnd t/Je Englewood Fire Oept prior to construction.
L. Section 2124, page 270, OPERATING PERMIT. Delete entire Section.
M. Section 2125, page 270, MAINTENANCE INSPECTION. Delete entire
Section .
N. Section 2126, page 270, OPERATION AND MAINTENANCE OF BOILERS
AND PRESSURE VESSELS . Delete entire Section.
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SECTION:
8-2C-t:
8-2C-2:
8-2C-1:
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CHAPTER 2
CONSTRUCTION AND SAFETY CODES
ARTICLE C PLUMBING CODE
Code Adopted
Specific Changes In Adopted Code
CODE ADOPTED
There Is hereby adopted, by reference thereto, the Uniform Plumbing Code,
1982 Edition, with appendices and Installation standards, published by the
International Association or Plumbing and Mechanical Officials, 5032
Alhamb r a Avenue, Los Angeles, California 90032, with the same force and
effect as if the same were fully set forth herein, subject to the exceptions,
modifications and amendments thereto as hereinafter set forth. Not less
than three copies or the above described Code shall be certified to be true
copies of said Code by the Mayor and the Clerk and flied in the office or the
Clerk at least fifteen days prior to public hearing and subject to public
Inspection at all times while said Code Is In full force and errect. The Clerk
shall maintain at all times reasonable copies or the Code available for
purchase by the public at reasonable price.
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8 -2C-2: SPECIFIC CHANGES IN ADOPTED CODE
The following spec ifi c changes, modifications and amendments are
hereby made in the provisions of the Uniform Plumbing Code, 1982 Edition,
hereinabove adopted :
A Delete Section 10.2 or Part I.
B. Amend Section 20.1 of Part 1 to read the following:
Tile Administrative Authority Slla/1 be defined as the
Code Administrator or !Jis duly autllorized agent
c. Delete Sections 20.2 and 20.3 of Part 1.
D. Section 20.7 of Partl, page3a, COST OF PERMIT . Replace the second
paragraph with the following wording :
Tile fee for each permit s!Ja/1 be based on tile valuation
of construct ion and determined as set fortll in Table
No. J-A of tile Umtorm BUilding Code.
Delete the fourth paragraph in its entirety. Delete the "Schedule or
Fees" in its entirety.
E. Delete Sections 20.12 and 20.14 or Part 1.
F. Section 401(a)(2), page 37, MATERIALS . Delete the phrase "those
structures where combustible construction is allowed." and replace
with the phrase .
G.
residential construction not more tllan two stories in
lleig!Jt
Section 910 , page 69, PLUMBING FIXTURES REQUIRED . Add a second
paragraph as follows:
Food waste disposer mandatory New structures or
portions of structures arranged_ or intended to be used_
for purposes w!Jicll develop food wastes tllrougll tile
direct preparation of food slla/1 provide food waste
disposal equipment in all sucll areas wi!!Jin tile
premises Ex1stmg structures converted or altered to
tile use de sen bed above need not meet tile requirements
of tllis section unless sucll structures are provided witll
new faCII!/ies for tile purposes of food preparation.
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H. Appendix C, pages 152-154, MIN1Mlt1 Pllt1BING FACILITIES. Add
footnote no . I 4 to read as follows:
Food waste disposer mandatory. New stroctvres or
port ions or strvct(Jf'es arranged_ or Intended to be vsed,
for pvrposes wllicll develop food wastes tllrovpll tile
direct preparation or foOd s/la/1 provide food waste
disposal eflll/pment In all StJCII areas wtt/1/n tile
premises. Existinp strocttres converted or altered to
tile vse described above need f1()t meet tile re(/1//rements
of til is section 11111ess StJCII stroctvres are provided wl/11
new faclltlies for tile pvrposes of food preparation.
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SECTION:
8-2D-I:
8-2D-2:
8-2D-J:
8-2D-4:
8-2D-I:
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CHAPTER 2
CONSTRUCTION AND SAFETY CODES
ARTICLED ELECTRICAL CODE
Scope of Electrical Code
Code Adopted
Specific Modifications to Adopted Code
Inspection of Electrical Installations
SCOPE OF ELECTRICAL CODE
A The provisions of t hi s Article, known as the Electrical Code, shall
apply to the Installation and maintenance of all electrical wiring, materials,
fittings, devices, appl i ances, fixtures and apparatus within or on public and
private buildings, structures and premises.
B. Permits shall be requi r ed for all electrical wort< governed by this
electri cal code and shall be I ssued in accordance w1th the provisions for
permits outlined in Sect i on s 302 , 303 and 304 of the Uniform Building Code.
The fee for each permit shall be based on the valuation of construction and
determ i ned as set forth in Table No . 3-A of the Uniform Building Code .
8 -2D -2 : CODE ADOPTED
There Is hereby adopted by re f erenc e the r eto, the National Electrical Code ,
1984 Ed i tion, together w ith appe nd ic es contained therein, published by the
National Fire Protection Association, Batterymarch Pari<, Qu i ncy ,
Massachus etts 0226 9, with the same force and effect as If the same were
fully set forth herein, subject to t he except i ons, modifications and
amendments theret o as hereinaf ter set forth. Not less than three copies of
the above de scribe d Code shall be certltled to be true copies of said Code by
the Mayor and t he Clerk and fi le d I n the office of the Cieri< at least fifteen
days prior t o public hea ring and su bj ect to public Inspect i on at all times
while said Co de Is In full force and effect. The Clerk shall maintain at all
times reasonable copies of the Code ava i lable for purchase by the public at
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0-2D-J: SPECIFIC MODIFICATIONS TO ADOPTED CODE
The following modifications are hereby made in the provisions of the
National Electrical Code, I 984 Edition, hereinabove adopted :
A. NEC Article 110-5. Add the following sentence at the end of the
paragraph:
Tile Installation of altmiiHDI or copper-clad altmiiHDI
conductors smaller In size t/1611 A W6 nlJfTl/Jer eight (8)
Is pro/11/.J/ted.
B. NEC Article 336-4. Add the following sentence at the end of the last
sentence :
All type AC cable s!Ja/1 /.Je provided with a full SIZed
proundlnp conductor.
c. NEC Article 336-3. In the first sentence Insert the word "lnfr
between the words "d wellings· and "multifamily"; delete the phrase
"and other structures"; and delete the phrase "or structures·.
D. NEC Article 336-3(c). In item (3), delete the phrase "except as
provided In Article 518, Places of Assembly"; In Item (7) delete the
word "or·; In Item (8) place a semicolon··;· after the word ·aggregate·
and add the word ·or· after the semicolon; and add a new Item (9) to
read "In any commercial, Industrial, retail or pl/b//c !Jvlldlnp :
E. NEC Article 347-2. Delete item (a) In its entirety. Amend item (f)
to read :
Exposed. For exposed wol*, only on exterior or /.Ju/ldlngs
or structures_ wnere not st.J!Jject to pnyslcal damage If
/dent med tor sucn use.
F. NEC Article 347-3. Add a new Item (0 to read :
In any commercial, Industrial, retail or pt.J!JI/c /.Julldlnp.
G. NEC Article 518-3. De Jete Exception No . 1 in Its entirety.
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8-20-4: INSPECTION OF ELECTRICAL INSTALLATIONS
A. Hidden Work . When any part of the wiring Installation Is to be hidden
from view by the permanent placement of parts of the building, the
person Installing the wiring shall notify the Electrical Inspector, and
such parts of the wiring Installation shall not be concealed until the
same have been Inspected and approved. on large Installations where
the concealment or parts or the wiring proceeds continuously, the
person Installing the wiring shall give the Inspector due notice and
Inspections shall be made periodically during the progress of the
work . The Inspector shall have the power to remove, or require the
removal of, any electrical wiring or equipment for due cause .
B. Prohibited Acts. It shall be unlawful for any person to make any
connection from a source or electrical energy or to supply electric
service to any electrical wiring, device. appliance or equipment
which has been disconnected or ordered to be discontinued until
approval of the Electrical Inspector has been obtained, authorizing
the reconnectlon and use of such wiring, devices, appliances or
equipment.
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SECTION:
8-2E-1:
8-2E-2:
8-2E-1:
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CHAPTER 2
CONSTRUCTION AND SAFETY CODES
ARTIClE E FIRE CODE
Code Adopted
Specific Changes In Adopted Code
CODE ADOPTED
There Is hereby adopteel, by reference thereto, the Uniform Fire Coele, 1982
Eelltlon, lncluellng appenellces 1-B, 11-B, 111-A, & 111-C, publlsheel by the
International Conference of Buileling Officials anel Western Fire Chiefs
Association, 5360 South Workman Mill Road, Whittier, California, 90601,
with the same force and effect as though the same were set forth In full
herein, subject to the exceptions, modifications and amendments thereto as
hereinafter set forth. Not less than three copies of the above described Code
shall be certified to be true copies of said Code by the Mayor and the Cleric
and filed In the office of the Clerk at least flrteen Clays prior to public
hearing aM subject to public Inspecti on at all times while said Coele Is In
full force anel effect. The Cleric shall maintain at all times reasonable
copies of the Code available for purchase by the public at reasonable price.
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8-2E-2: SPECIFIC CHANGES IN ADOPTED CODE
The following specific changes, modifications, and amendments are
hereby made In the provisions of the Uniform Fire. Code, 1982 Edition,
hereinabove adopted :
A Section 2.101, page 2, RESPONSIBILITY FOR ENFORCEMENT. Delete the
word "chief" I n the first sentence and replace with the phrase "Code
Administrator: Delete the phrase "fire department" In the second
sentence and replace with the phrase "'ivision of Building & Safety~
Delete subparagraphs (a), (b) & (h) In their entirety.
B. Delete Sections 2 .102, 2 .103, 2.104, 2 .105, 2.106, 2 .107, 2 .108, and
2.109 or Arti cle 2 , DIVISIOn I.
C. Section 2.201Ca), page 4 , INSPECTIONS AND UNSAFE BUILDINGS .
Delete the word "chief " in the first sentence and replace with the
phrase "Code Adm inistrator~
D. Delete Sections 2.202 and 2.203 of Article 1, Division 11 .
E Section 2.204(a), page 5, ORDERS , NOTICES AND TAGS . Delete the word
"chief" In the rlrst sentence and replace with the phrase ·code
Administrator ~
F. Section 2.204(b), page 5 , ORDERS , NOTICES AND TAGS . Wherever the
word "chief" appears , delete and replace with the phrase "Code
Adm inistrator: In the second paragraph , delete the phrase ·notify
the building offic i al who shall". In the second paragraph delete the
phrase "under the Building Code " and replace with the phrase
"/Jy law :
G. Section 2 204(c), page 5 , ORDERS, NOTICES AND TAGS . Delete the word
"chief" and replace with the phrase "Code Administrator :
H. Section 2.205, page 5, SERVICE OF ORDERS AND NOTICES . Delete the
ph r ase "verbal not i fication" from the first sentence . Delete the last
sentence in its entirety.
I. Delete Sect i ons 2 301 and 2.302 of Article 2, Division Ill.
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J . Section 4.101 , pages 12-15, PERMIT REQUIRED. Delete all
items except :
4. Bonfires or rubbish fires
6. Burning In public place
7. Candles and open flames In assembly areas
1 I. Cryogens
15. Explosive or blast lng agents
16. Fireworks
22. Hazardous materials
23 . Highly toxic pesticides
29. Mall, covered
33 . Open burning
43 . Tents and air-supported structures
K. Section 10.301(C), page 4 1, WATER SUPPLY . Insert new
L.
paragraph betwee n first and second paragraph :
W!lere tllere are pract 1'cal difficulties in providing
a water system capable of supplying tne required
fire flow for any IJwJding or structure, a sui'! able
automatic fire extinguis/Jing system or systems,
as approved IJy tne Fire C/Jiet, may be installed for
tne protect ion of sucn buildin_q or structure. Sucll
system(s) may be installed provided tllat in tile
opinion of t/Je Fire C/Jiet_ t/Je fire suppression
capabilities of tile ex tinguis/Jing system(s)_ in
conjunct ion wit/J tne available water supply,
provides an acceptable level of fire protection for
tne building or struc ture in question.
Section I 0 .309(b), page 44, ALL OCCUPANCIES EXCEPT
GROUP R, DIVISION 3 AND GROUP M. Add the following
paragraph as item 5:
In all buildings w/Jic/J are fifty (50) or more feet
in lieignt (as defined in C/Japter 4 of tile 1982
U111form Building Code}_ or wlil'cli comprise more
!/ian four stories 1'rrespect ive of lieiglit, except:
Group B occupancies classified exclusively as open
parkinpgarages in accordance witn Section 709 or
tile 1982llnltorm fluildmp Code.
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SECTION:
B-2F-1 :
8-2F-2:
8-2A-I:
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CHAPTER 2
CONSTRUCTION AND SAFETY CODES
ARTICLE F DANGEROUS BUILDING CODE
Code Adopted
Specific Changes In Adopted Code
CODE ADOPTED
There is hereby adopted, by reference thereto, the Uniform Code for the
Abatement of Dangerous Buildings, 1982 Edit I on, published by the
International Conference or Building Officials, 5360 Workman Mill Road,
Whittier, California, 90601 , with the same force and effect as if the same
were fully set forth herein, subject to the exceptions, modifications and
amendments thereto as hereinafter set forth. Not less than three copies of
the above described Code shall be certified to be true copies of said Code by
the Mayor and the Cieri< and filed in the office of the Cieri< at least fifteen
days prior to public hearing and subject to public Inspection at all times
while said Code Is in full force and effect. The Cieri< shall maintain at all
times reasonable copies of the Code available ror purchase by the public at
reasonable price.
8 -2F -2: SPECIFIC CHANGES IN ADOPTED CODE
The following specific changes, modifications and amendments are
hereby made In the provisions or the Uniform Code for the Abatement or
Dangerous Buildings, 1962 Edition, hereinabove adopted:
A. Delete Section 201(c) of Chapter 2.
B Delete Secttons 203 and 205 or Chapter 2.
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C. Delete Chapter 5, APPEAL, in its entirety.
D. Delete Chapter 6, PROCEDURE FOR CONDUCT OF HEARING APPEALS,
in its entirety.
E. Section 80l(a), page 26, PROCEDURE . In the first sentence, delete the
phrases "therefore to the Director or Public Works" and ·under the
direction of said Director." Delete the second sentence in Its
entirety.
F. Section 801(b), page 26, COSTS . Delete entire section.
G. Section 802, page 26, REPAIR AND DEMOLITION FUND. Delete entire
section.
H. Delete Sections 901 through 912 of Chapter 9. Replace these
Sections (which comprise the entire text of Chapter 9) with the
following information:
Section 901. NOTICE OF COST. Wl1enany costs are incurred by tile
City in causing tile repair or demo/it ion of any building done pursuant
to tile provisions of Sect ion 70 l(c).J of !Ills Code, tile City ttanager
sllall cause a statement to be prepared oy tile Director or Finance
snowing tile wllole cost of repair to, or demolition ot_ any building_
plus ftfteen percent ( 15%) for administrative costs, and sucll
statement snail be mailed to tne property owner(s) wit// instructions
tllat satd statement will be patd in full. plus costs, wit/lin tllirty
days of satd mailing.
Sect ion 902 AS5ES.511ENT. It_ after tllirty days from sucll mailing
date, tile full amount of sucll statement is not paid, tile City ttanager
sllalltnform City Council of sue// fact, and tile Council snail thereupon
enact an ordtnance assesstng tile wllole amount of sue// statement,
plus an addi t tona l ten percent of sucn amount, agatnst tile lots or
tracts of realty to wllicll sue// statement slla/1 pertain. Upon ftna/
passage of sue// or dtnance, a copy tllereof slla/1 be sent to eacll person
llavtng a record tnterest tn any realty upon wllicll an assessment is
made, and tile Director of Ftnance snail certtfy sue// assessments to
tile County Treasurer wllo snail collect sucll assessments tn tile same
manner as ad valorem taxes are collected
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Section 903. ASSESStfENTS A LIEN. All suc!J assessments snail
constitute_ form t!Je effective date of t!Je assessing ordinance_ a
perpetual lien in t!Je several amotJnts assessed against eac!J lot or
tract of land, and s!Jaii!Jave priority over all liens excepting general
tax liens and prior special assessments. No delays, mistakes, errors
or irregular/! tes In any act or proceeding aut!JOrlzed !Jeretn snail
prejudice or Invalidate any final assessment; !J(Jt tile same may be
remedied by su!Jsequent amendments, acts or proceedings, as tile case
may require. W!Jen so remedied, tile same snail take effect as of tile
date of tile original act or proceeding.
Sect ion 904. oTHER REtfEOIES. T!Je amotJnt of any lK¥)3id cnarge, plus
all penalties added thereto, snail constitute a debt dtJe tile City. Tile
City Attomey snail at t!Je direction of t!Je City f1anager, Institute
civil suit in t!Je name of t!Je City to recover stJCIJ c!Jarges and
penalties. Suc!J remedy snail be cumulative wit!J all ot!Jer remedies,
including prosecution in t1tlf1icipal CotJrt for eac!J and every viola! ion
of t!Jis Chapter.
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CHAPTER 3
SWit111NG POOLS
ARTICLE A PRIVATE RESIDENTIAL SWIMMING POOLS
6-JA-1: Compliance with Code
6-JA-2: Definitions
6-JA-J: Permit Requirements
6-JA-4: Location
6-JA-5: sanitary Requirements
6-JA-6: Lighting
6-JA-7: Fencing
6-JA-1: COMPLIANCE WITH CODE
It shall be unlawful for any person to construct, operate or maintain within
the City limits any private residential swimming pool unless the same
complies with the requirements of this Chapter .
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6-JA-2: DEFINITIONS
SWit1'11NG POOL An artificially constructed body of
water maintained exclusively for
swimming, recreative bathing, or
wading, Including appurtenances used
In connection with the swimming
pool.
PRIVATE RESIDENTIAL Any swimming pool which Is
SWit1'11NG POOL constructed In connection with, or
appurtenant to, a single-family
dwelling, condominium, or apartment
Muse, and which Is used solely by
the persons maintaining their
residence within such ~welling,
condominium or apartment house and
the guests of such persons.
PERSON Any person, firm, partnership,
association, corporation, company,
governmental agency, club or
organization of any kind .
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8-JA-J: PERMIT REQUIREMENTS
A Construct ion and maintenance.
1. No private residential swimming pool shall be constructed
Without first obtaining a construction permit therefor from the
Division of Building anct Safety. Application for permit shall be
made by the contractor who Is to perform the construction
work or by the property owner, If the property owner Is to
perform the work. The application shall be accompanied by
duplicate sets of plans, specifications and plot plans of the
property. The plot plan shall show the accurate location of the
proposed swimming pool on the property, together With any
proposed bathhouses or cabanas, and the location, height and
type of all existing fencing or walls on the boundary lines of
the property, together with the type and height of such fencing
or enclosure as may be required by Section 8-JA-7 hereof. The
plans shall also show the location of existing utilities, the
location of proposed utility connections, and the location of
plumbing appurtenances such as backflow prevention devices
and air gaps .
2. No construct ton permits shall be Issued by the Division of
Build i ng and Safety until the plans. spectrtcattons anct plot plan
have been approved by the Tri-County District Health Dept. and
by the Director of Utilities and such approval has been
properly certified on the plans .
3. All material used In the construction of private residential
swimm i ng pools shall be waterproof and easily cleaned
Construction and design or said pools shall be such that they
may be ma fnta fn eo and operated In a clean and sanitary
condition at all times. The owner of every private residential
sw i mming poo l shall be responsible to maintain each pool in
su ch cond ition as to prevent breaks i n the pool chassis or water
f r om the pool over f lo w in g i nto ad j acent publ i c or private
pro perty.
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Discharge System . All private residential swimming pools
constructed within the City shall be provided with one drainage
outlet with a maximum outlet size of two inches and a maximum
diameter of three Inches which Is attached to the sanitary sewer
system or a lawn sprinkling system on the premises. The discharge of
water from such swimming pools Into a brook or storm sewer system
shall be permittee only by approval of the proper State, County and
City officials as each case reQuires . The Director of Utilities or his
departmental employee shall Inspect the premises on which such a
pool is planned to be constructed In order to determine the proper
place and type of connection with the drainage system prior to the
Issuance of any construction permit. Approval shall not be given to
discharge water from a swimming pool at the curb or upon the surface
of any street.
8-JA-4: LOCATION
Every private residential swimming pool shall be located within the
rear one-third of the owner's premises, and not less than ten feet from the
rea r z ~d s:de pr operty lines.
8-JA-S: SANITARY REQUIREMENTS
A Water Supply . Any physical connection between a potable public or
private water supply system and any private residential swimming
pool shall be controlled by either an air gap of sufficient size or,
more reliably, by a backflow prevention device of proper size located
on the water supply line.
B. Disinfect i on . All private residential swimming pools shall be
properly treated with chlorine or equivalent compounds sufficient
to prov i de re s idual s required by approved regulations and standards.
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C. Bacteriological Standards. Not more than twenty percent (20~) of
the samples of water taken from any private residential swimming
pool, when more than twenty (20) samples have been examined, and
not more than three (3) samples when less than twenty (20) samples
have been examined, shall contain more than two hundred (200)
bacteria per cubic centimeter or shall show positive test <confirmed)
ror collform In any or five (5), ten< 1 0) CUbic centimeter portions or
water at times when the poolts open for use. For the purpose of this
subsection, any number of samplings of water on a single day shall be
considered as one sample . The Tri-County District Health Dept. Is
hereby authorized to take samples to Insure compliance with these
requirements .
D. Accessory Buildings. Locker rooms, bathhouses, cabanas, shower
rooms, toilets, runways ancl all other physical raclllttes or equipment
Incident to the operation of any private residential swimming pool
shall be kept In a sanitary condition at all times.
8-JA-6: LIGHTING
No artlflclalllghtlng shall be maintained or operated In connection with
private residential swlmlng pools In such manner as to be a nuisance or an
annoyance to neighboring properties.
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8-3A-7: FENCING
All private residential swimming pools now existing or hereafter
constructed or Installed within the City which are now located two hundred
feet or less from any property line of the lot or plot upon which the same Is
situated, shall be enclosed by a substantial fence not less than five feet In
height which shall also be In accordance with the provisions relating to
fences under the relevant sections of the Comprehensive Zoning Ordinance .
Said fence shall be so constructed as to prevent, within reason, any person
from gaining access beneath, over or through said fence and which shall
have similarly substantial gates or doors of the same height as the fence,
with facilities for locl<lng said gates or doors at all times when the pool Is
unguarded, unattended or not in actual use. No provision contained within
this Section however shall be appltcable where a private residential
swimming pool now existing or hereafter constructed Is located on a plot
not less than two hundred feet from the front property ltne, and where there
is present on the side and rear property lines walls or fencing the height of
which shall conform with the provisions relating to fences under the
relevant sections of the Comprehensive Zoning Ordinance and which shall be
constructed to prevent, withing reason, any person from gaining access
beneath, over or through said fencing .
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CHAPTER 3
SWIMMING POOLS
ARTICLE B PUBLIC & SEMI-PUBLIC SWIMMING POOLS
6-JB-1: Compliance with Code
6-JB-2: Colorado State Department of Health Swimming
Pool Regulations & Standards Adopted
6-JB-J: Definitions
6-JB-4: Plans and Specifications
6-JB-5: Repair or Cleaning Order
6-JB-1: COMPLIANCE WITH CODE
It shall t:Je unlawful ror any person to operate a put:Jllc or seml-putlllc
swimming pool except as provided In and authorized t:Jy this Article, and In
accordance with applicable rules and regulations promulgated by the
Colorado State Department of Health as adopted herein.
6 -JB-2: COLORADO STATE DEPARTMENT OF HEALTH SWit'I11NG
POOL REGULATIONS & STANDARDS ADOPTED
There is hereby adopted , by reference thereto, the Colorado State
Department of Health Swimming Pool Regulations and Standards Sections
Ill, IV and Appendix, dated September 19,1973, published by the Colorado
State Department of Health, Division of Engineering and Sanitation, 4210
East 11th Avenue, Denver, Colorado, 80220, with the same force and effect
as if the same were fully set forth herein . Not less than three copies of the
above described Code shall be certified to be true copies of said Code by the
Mayor and the Clerk and filed In the office of the Clerk at least fifteen days
prior to public hearing and subject to public Inspection at all times while
said Code is in full force and effect The Clerk shall maintain at all times
reasonable cop1es of the Code available for purchase by the pub11c at
reasonable price
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8-JB-J: DEFINITIONS
SWII'111NG POOL
PUBLIC SWII'f11NG .POOL
SEMI -PUBLIC SWIMMING POOL
PERSON
An art1rtc1ally constructed body of
water ma1nta1ned exclusively for
sw1mm1ng, recreative bathing, or
wad1ng, 1nclud1ng appurtenances used
1n connection with the swimming
pool .
A swimming pool usually open to any
member of the public.
Any swimming pool which Is neither
a public swimming pool nor a private
swimming pool, Including by way of
example, but not limited to, hotel
pools, motel pools and country club
pools.
Any person, firm, partnership,
association, corporation, company,
governmental agency, club or
organization or any kind .
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8-JB-4: PLANS AND SPECIFICATIONS
It shall be necessary to submit to the Department of Commun1ty
Development, the Utilities Department, and the Tri-County District Health
Department detailed plans and specifications before any public or semi-
public swimming pool Is Installed, constructed, modified, remodeled,
extended or enlarged. Before such work Is commenced, such plans and
specifications shall be approved In writing by the Department of Community
Development, the Utilities Department and the Tri-County District Health
Department with respect to the layout and arrangement of all areas and the
materials to be used in construction of the swimming pool, bathing areas
and associated equipment. (Reference CRS 1973, 25-5-802)
8-38-5: REPAIR OR CLEANING ORDER
The City Manager , or his authorized agent, may order any person who has
caused any provisions of this ordinance to be violated to effect such
cleaning or repair operations as are necessary to place such swimming pool
in conformity with the requirements of this Article and pertinent rules and
regulations referred to hereunder . Wh11e cleaning and repair operations
pursuant to an order under terms of this Article are being undertaken, the
area or areas of the swimming pool affected by such order shall not be
utilized in connection with the operations of such swimming pool.
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SECTION:
8-4-1:
8-4-2:
8-4-1:
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CHAPTER 4
NUMBERING BUILDINGS
Numerical System for Numbering
Owner's Duty to Number
NUMERICAL SYSTEM FOR NUMBERING
The numerical system of numbering houses and buildings Is hereby adopted.
One hundred ( 1 00) numbers shall be assigned to each block, or In case of any
unplatted territory, to each one-eighth< 1 /8) of a mile running north and
( south and one-sixteenth< I 1 16) or a mile running east and west.
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A. All streets running north and south shall be numbered southerly
commencing at Yale Avenue at number 2700; and all streets running
east and west shall be numbered east from Broadway as zero and
west from Broadway as zero.
B. While one hundred ( 1 00) numbers are allotted to each block, the
division or numbers to the frontage thereof shall be one number to
each twelve and one-half feet ( 12-1/2') or other aliQuot part of a lot
or block frontage. As to the streets running north and south, even
numbers shall be on the east side of the street and odd numbers on
the west side of the street. As to the streets running east and west,
the even numbers shall be on the south side of the street and odd
numbers on the north side.
C. In order to preserve the general uniformity of numbering throughOut
the City It shall be the responsibility of the Division of Building and
Safety to establish proper numbering for all buildings and premises
w i thin the City.
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8-4-2: OWNER"S DUTY TO NUMBER
It is hereby made the duty of every owner and occupant of every building or
premises, and agents of all such owners, upon all streets and avenues of the
City upon which a system of numbering has been adopted, and in which
official numbers have been provided by the City, to number their said
buildings In accordance with such numbering system, and 1t shall be unlawful
for any such person to retain or use, or to permit to remain upon such
building, any other number than the number officially designated by the City
for such building. It shall be the duty of every owner or occupant of any
building, upon notice from the Chief Building Inspector or any person
designated by the City Manager, to cause the official number to be placed on
each building so owned or occupied by such person, within thirty (30) days
after receipt of such not ice. Failure or refusal to comply with such notice
shall constitute a violation of this Code .
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CHAPTER 5
MOVING STRUCTURES
SECTION:
8-5-1 : Moving Permit Required
8-5-2: Application. Fees and Term
8-5-J: Performance Bond Requirements
8-5-4: Cash Deposit
8-5-5: Inspections Required
8-5-6: General Regulations
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8-5-6A: Structures Located In the City i•
8-5-68: Structures In Commercial Districts and Four
or more Dwelling Units
8-5-6C: Structure Moved to another Jurisdiction
8 -5-7: Preparation for Moving a Structure
8-5-8: Site Maintenance. Prohibited Conditions
8 -5 -9 : Time of Movement
8 -5 -10: Noti c e to Utility Companies
8 -5 -11 : Advan c e Posting of Route
8 -5 -12: Use of State Highway. Prior Approval Required
8 -5 -13 : Traffic Hazard Preventive Measures
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8-5-1 : MOVING PERMIT REQUIRED
A. No person shall perform any of the following without first having
secured a moving permit from the Division of Building and Safety of
the Department of Community Development:
1. Move or raise any structure from Its founaatlon .
2. Move any structure to a site within the City.
3 . Move any structure along or across any public street of the
City.
B. Exceptions: A moving permit shall not be required to move a
construction shack, as determined by the Chief Building Inspector,
or for portable structures having a floor area of not over one
hundred ( 1 00) square feet.
6-5-2: APPLICATION. FEES AND TERM
A. The form for an application for a mover 's permit shall be furnished
by the Division of Building and Safety of the Department of
Community Development and shall contain the following information:
I . Name, address and telephOne number of the applicant.
2. Add ress of present location of structure.
3 . Address of proposed location to which the structure is to be
moved
4. Date and time of proposed movement of structure.
5 . Proposed route to be used in movement of structure.
6 . Description and size of the truck and other equipment proposed
to be used In the movement of the structure.
B. A moving permit fee for a structure to be moved to a site within the
City shall be fifty dollars ($50.00) and for structures to be moved
through or out of the City shall be twenty five dollars ($25.00).
C. All moving perm i ts shall expire sixty (60) days after date or
Issuance .
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6-5-3 : PERFORMANCE BONO REQUIREMENTS
A.
B.
Structure mover. A performance and completion bond of at least one
thousand dollars ($1 ,000.00), or other insurance bond acceptable to
the Chief Building Inspector, together with proof thereon in writing by
the insuring company, shall be posted by the structure mover prior to
issuance of the moving permit. Said bond shall be In an amount
determ i ned by the Chief Building Inspector based on the estimated
cost of relocating the structure from the existing site to the new site
and cleaning, filling and leveling the site from which the structure
was moved .
Owner . A pe rformance and completion bond of at least five thousand
dollars ($5,000.00), or other insurance bond acceptable to the Chief
Bu ilding Inspector, together with proof thereon In writing by the
Ins uring company, shall be posted by the owner of the site to which
the structure is moved prior to issuance of a permit for necessary
construction. The bond shall insure the completion of the necessary
construct ion and installations required to bring the moved structure
into compliance w ith the applicable City codes . Said bond shall be
increased above the minimum five thousand dollars ($5,000.00) if the
Chief Build in g Inspec tor determines that the anticipated costs of the
necessary construction, as abo ve set out, will exceed five thousand
dollars. In such case a bond in an amount at least equal to the sum of
the anticipated costs shall be required .
8-5-4: CASH DEPOSIT
A cash deposit in the amount of one hundred dollars ($1 00 .00) shall be posted
by the structure mover prior to Issuance of any moving perm1t and
shall be refunded after thirty (30) days if there has been no damage to
public property as a result of the moving of the structure. Said deposit may
be used to repair damages to public property in the event the structure
mover does not repa1r the damages with i n thirty (30) days of written notice
by the Chief Building Inspector.
6-5-5 : INSPECTIONS REQUIRED
All structures proposed to be moved into the City shall be inspected by the
Division of Building and Safety pnor to the issuance of any permit. I . •
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6-5-6: GENERAL REGULATIONS
6-5-6A: STRUCTURES LOCATED IN THE CITY
A. All structures moved within or into the City shall comply with all
provisions of the Uniform Building Code for new structures and all
required moving permits shall be obtained prior to any work being
performed.
B. No structure shall be moved onto a site within the City until the
necessary foundation therefor has been completed, inspected and
approved .
C. If the structure is proposed to be located on a site within the City,
all plans and documents necessary to verify compliance with the
City's construction codes and other ordinances shall be provided
as requested by the City.
6-5-66: STRUCTURES IN COMMERCIAL DISTRICTS AND FOUR OR
A.
MORE DWELLING UNITS
No permit for moving a structure into a commercially zoned district of
the City, or for moving a structure having rour (4) or more dwelling
units to a site with in the City, shall be Issued until an appltcatlon and
plans therefor have been submitted to and approved by the City
Planning and Zoning Commission .
B. Twenty five (25) copies of the aforementioned application and plans
shall be submitted to the Planning Division. The Planning Division
staff shall refer copies of the application and plans to all other
appropriate agencies and shall transmit a report to the Planning
Commission based on the Information submitted.
C. The City Planning and Zoning Commission shall hold a public hearing
to consider the applica t ion Not1ce of such hearing shall be given by
posting of the subject property and by written notice in an official
newspaper not less than fifteen ( 15) days prior to said hearing.
D Prior to approving the application. the Commission shall verify that
the proposed development will not be detrimental to the neighborhood
by reason of traff1c congestion. restriction of light and air, or
unusual characteristics of the proposal.
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The City Planning and Zoning Commission may disapprove the
app11cat1on If the proposed structure ts out of character with the
structure(s) In the block or facing block of the proposed site by
reason of bulk, height, siting characteristics or design so as to cause
such structure to be substantially Inconsistent with the character
of the surrounding neighborhood or to cause a substantial depreciation
In property values tn the Immediate neighborhood.
8-5-6C: STRUCTURE MOVED TO ANOTHER JURISDICTION
If a structure Is proposed to be moved from a site In Englewood to a site In
another jurisdiction, the Division of Building and Safety shall give written
notice to the appropriate official In the jurisdiction exercising control over
the site to which the structure is to be moved . Such notice shall be given as
soon as possible after the permit Is Issued to Insure that the timing or the
move can be coordinated between the two jurisdictions.
8-5-7: PREPARATION FOR MOVING A STRUCTURE
A. In preparation for moving a structure, the applicant shall cause:
B.
1. The openings tn the vacated structure to be protected with
suitable coverings to prevent unauthorized entry or vandalism.
2. The power to all service lines to be shut off and all such 11nes
to be disconnected outside of the property lines.
3. Th e disconnect i on and capping of an gas, water, steam, sewer
and other serv i ce lines as directed by the utility company
prov i di ng t he servi ce .
4. Adv ance notification or all utility compan i es providing service
to the site and their ap prova l prior to utl11 ty disconnect i on.
5. The payment or all utility c app i ng , serv i ce and di sconnection
costs.
No structure shall be raised from I t s foundation In preparation for
moving earlier than forty eight (48 ) hou rs from the approved time or
movi ng . The Chief Building Ins pe ctor may , upon show of due cause by
the structure mover , Issue w ritten approval for an extension of the
above time
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8 -5 -8 : SITE MAINTENANCE. PROHIBITED CONDITIONS
A. The structure mover shall clean or cause the cleaning of the site from
which the structure was taken by removing all debris, material or
equipment. Further, said mover shall fill all holes and Irregularities
of the site within forty eight (48) hours after removal or the
structure. Such site cleaning shall be to the satisfaction of the Chief
Bu1ldlng Inspector.
B. Stripping, salvaging and/or sales of parts or materials of a structure
is prohibited on the premises, or any adjacent premises, from which
the structure is to be moved or to which the structure is to be moved.
8-5-9: TIME OF MOVEMENT
The time of movement of a structure shall be approved by the Traffic
Division, the Police Department and the Fire Department, and if the structure
is to be moved over a State highway, the time of such move shall be
coordinated with the State Highway Department. The structure moving
permit shall become null and void unless the move is completed within the
spec i fied time app rove d on the permit; provided however, that the Code
Adm inistrator may extend the time period of the move for forty eight (48)
hours after consulting with the appropriate agencies when the original time
for the move is rendered impractical due to inclement weather, strikes or
other causes beyond the contro I of the structure mover.
8 -5-10: NOTICE TO UTILITY COMPANIES
At least three days prior to the proposed move the structure mover shall
notify all utility companies maintaining poles, lines or eQuipment within the
public right-or-way of the approved route.
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8-5-11: ADVANCE POSTING OF ROUTE
When it is determined by the Traffic Engineering Division that the movement
of a structure along an approved route would be Impeded by vehicles parked
within the public right-of-way, the Traffic Engineering Division shall post
"No Parking" signs along such rights-of-way at least forty eight (48) hours
prior to the moving of the structure. The structure mover shall pay the cost
or said posting as determined by the Trame Engineering Division. The
Traffic Engineering Division is hereby authorized to move, or cause to be
moved, any vehicle parked in violation of such signs.
8-5-12: USE OF STATE HIGHWAY. PRIOR APPROVAL REQUIRED
If a structure Is to be moved from a site In Englewood and the mover
proposes to ut lllze a State highway as part or the route, the Traffic
Engineering Division shall notify the State Highway Department of the
proposed move on the day the moving permit Is issued.
8-5-13: TRAFFIC HAZARD PREVENTIVE MEASURES
A. If, In the judgement of the Traffic Engineering Division, the moving or
a structure may create a traffic hazara. a pollee escort, or other
escort, may be required to be provided by the structure mover for the
purpose of regulating traffic along the route of the move . Where such
escort Is required, the expense shall be borne by the structure mover.
The escort shall not have the authority to waive or vary any of the
requirements of the permit or applicable sections of th1s Code .
B. A flashing red light shall be required at each main comer or the
structure being moved and at the end of any projection thereon when
the structure is located w ithin a public right-of-way.
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CHAPTER 6
DEMOLITION OF STRUCTURES
SECTION:
8-6-1: Demolt1on Permit Requ1rements
8-6-2: Application for Permit
8 -6 -3 : Demolition Procedure Requirements
8-6-1 : DEMOLITION PERMIT REQUIREMENTS
A. No structure within the City shall be demol i shed unless and until a
permit therefor has been issued by the Division of Bu il ding and Safety
of the Department of Community Development.
B. A separate demolition permit shall be required for each structure to
be demolished The permit shall be kept on the premises during the
demol ition and shown, on demand, to any authorized ag en t of the City.
C. The permit fee to demolish singl e-family residential, residential
du;;lex ar.d accessory structures shall be fifty dollars ($50.00). The
permit fee to demolish multi-family and non-res identi21 structures
shall be two hundred dollars ($200 .00). No fee shall be required of an
owner of a single-fam1Jy dwelling doing work on his own premises or
of the owner of a building for which a demolition order has been given
by the cay of Englewood
D. Demolition permits shall expire sixty (60) days after the date of
issuance .
E A surety bond shall be posted with the City by the person or
contractor applying for a demolition permit. Such bona shall
be in an amount deterrmned by the Chief Bui ldmg Inspector
based on the estimated cost necessary to complete all demoltion
work and to clean and leve l the demolition site Such bond shall be in
an amount not less than one thousand dollars ($1 ,000.00) .
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8-6-2: APPLICATION FOR PERMIT
( Persons properly licensed for demolition work can obtain an appl1cation for
a demolition permit from the Division of Building and Safety of the
Department of Community Development. The application shall contain the
following Information:
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A Name. address and telephone number or the applicant.
B. Name, address and telephone number or the owner or the structure to
be demolished.
C. Address of the proposed demolition.
D. Starting date anc1 proposed time period during which the demolition
would occur.
E. Description of the proposed method or demolition and proposed
methods or public protection (dust control, security, etc.>.
8-6-3: DEMOLITION PROCEDURE REQUIREMENTS
Prior to the demolition or any structure:
A The power to all serv ice lines shall be shut off and all such lines
shall be disconnected outside or the property 11nes.
B. All gas, water, steam, sewer and other service lines shall be discon-
nected and capped as directed by the company providing the service.
c. Advance notification shall be given to all utility companies providing
service to the site. Utility company approval shall be obtained prior
to the disconnection of any service.
D. All costs of utility disconnections, etc. shall be paid by the applicant.
E.
F.
Special traffic, parking and/or pedestrian provision s required by the
City shall be provided at the applicant's expense .
The sales of any parts or materials from the structure shall be
prohibited on the premises.
G. The site shall be cleaned, filled, and leveled w ithin forty eight (48)
hours after the demolition is completed .
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Section 2. Notice of public hearing shall be published
once in that newspaper designated by City Council as the City's
official newspaper not less than fifteen (15) days prior to the
date of said hearing giving the date, time and place of said
hearing and the subject matter of the Code, that copies of the
foregoing Codes are on file with the Clerk and open to public
inspection, and the name and address of the agency by which said
Code has been pranulgated. In the event the public hearing is
postponed, notice shall be given of the date, t ime and place to
which the hearing has been postponed, either by causing further
notice to be published, as provided above, or by publicly
announcing at the date, time and place set in the original notice
of the hearing's postponement to the new date, time and place.
Section 3. Not less than three (3) copies of each Code
described herein shall be certified to be true copies of said Code
by the Mayor and the Clerk and filed in the office of the Clerk at
least fifteen (15) days prior to public hearing and subject to
public inspection at all times while said Code is in full force and
effect. The Clerk shall maintain at all times reasonable copies of
the Code available for purchase by the public at moderate price.
Section 4. Penalty. It shall be unlawful for any person to
violate, d1sobey, anit, neglect, refuse or fail to canply with or
resist the enforcement of any provisions of this Code or any
secondary code adopted herein , and where no specific penalty is
provided therefor, the violation of any provision of this Code or
of any secondary code adopted herein shall be pun i shed by a fine
not exceeding three hundred dollars ($300) or imprisorment for a
term not exceeding ninety (90) days or by both such fine and
imprisorment, the amount of such fine or term of such imprisorment
to rest within the discretion of the M.lnicipal Judge. '!he
imposition of one penalty shall not excuse any violation nor permit
it to continue. Unless otherwise indicated, a separate offense
shall be deened cannitted upon each day or portion thereof during
or on which any violation of any provision of this Code or any
secondary code adopted herein occurs or continues.
Section 5. Separability Clause. If any article section,
subsect1on, sentence, clause or phrase of this ordinance is for any
reason held to be unconstitutional , such decision shall not affect
the validity of the remaining portion of this ordinance. The
Council of the City of Englewood hereby declares that it would have
phrased this ord inance and each article, section, subsection,
clause or phrase hereof, irrespective of the fact that any one or
more articles, sections , subsections , sentences, clauses and
phrases be declared unconstitutional .
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Section 6. All ordinances and parts of ordinances of the
City of Englewood in conflict or inconsistent herewith are hereby repealed.
Introduced, read in full, and passed on first reading on the
4th day of November, 1985.
Published as a Bill for an Ordinance on the 6th day of
November, 1985.
Read by title and passed on final reading on the 2nd day of
December, 1985.
Published by title as Ordinance No.
the 4th day of December, 1985.
Attest:
ex officio C1ty Clerk-Treasurer
__ , Series of 1985, on
&!gene L. Otls, Mayor
I, Gary R. Higbee, ex officio City Clerk-Treasurer of the
City of Englewood, Colorado, hereby certify that the above and
foregoing is a true and complete copy of the Ordinance passed on
final reading and published by title as Ordinance No. __ , Series
of 1985.
Gary R. Higbee
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BY AUTHORITY 9
OROINAN:E OO.ll
SERIES OF 1985 COUNCIL BILL NO. 78
INTRODOCED BY COUN:IL
MAYOR OTIS
AN ORDINAOCE AMENDING TITLE 1, CHAPI'ER 6F, OF THE ENGLEWOOD
MUNICIPAL CODE 1985 ESTABLISHING A FIRE PREVENTION BUREAU,
PLACING AUTHORITY FOR ITS ADMINISTRATION UNDER THE CODE
ADMINISTRATOR, AND ADOPTING CERTAIN REGULATORY PROVISIONS
PREVIOUSLY CONTAINED WITHIN THE UNIFORM FIRE CODE AS THE DIROCT
RESPONSIBILITY OF THE ENGLEWOOD FIRE DEPAR'IMENT.
WHEREAS, the creation of the Division of Building and Safety
involved placing a member of the Fire Department (Assistant Fire
Marshall, Fire Prevention Bureau) under the supervision of the Code
Administrator; and
WHEREAS, certain changes under Chapter 6F are necessary to
establish a Fire Prevention Bureau under the administration of the
Code Administrator; and
WHEREAS, certain regulatory provisions previously adopted by
the City along with adoption of the Uniform Fire Code should now be
placed under the direct responsibility of the Fire Department;
NCM, 'IHEREFORE, BE IT OROI'\INED BY THE CITY COUN:IL OF THE
CITY OF ENGLEWOOD, CX>LORAOO, THAT:
Section 1. Title 1, Chapter 6, Article F, of the Englewood
M.micipal COde 1985, is hereby emended by adding a new Section 1-3
to read as follows:
l-6F-1-3: FIRE PREVENTION BUREAU
A FIRE PREVENTION BUREAU SHALL BE ESTABLISHED WITHIN THE FIRE
DEPAR'IMENT UNDER THE DIRECTION OF THE DEPAR'IMENT OF CCliMUNITY
DEVELORiENT'S CODE ADMINISTRATOR. THE BUREAU SHALL CONSIST
OF SUCH FIRE DEPAR'IMENT PERSONNEL AS MAY BE ASSIGNED THERETO
BY THE FIRE CHIEF. 'IliE FUN:TION OF THIS BUREAU SHALL BE TO
ASSIST THE CODE ADMINISTRATOR IN THE ADMINISTRATION AND
ENFORCD1ENT OF THE ENGLEWOOD BUILDING AND SAFETY CODE.
Section 2. Title 1, Chapter 6, Article F, of the Englewood
Mun icipal Code 1985, is hereby amended by renumbering old Section
1-3 to read l-6F-1-4, adding a new subparagraph G and relettering
former subparagraph G as "H" to read as follows:
1-6F-l-4: IXJI'IES OF THE DEPAR'IMENT
It shall be the duty of the Fire Department:
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G. TO INVESTIGATE THE CAUSE, ORIGIN AND CIRCUMSTAtCES OF ALL
FIRES OCCURRING WITHIN 'lliE CITY.
~ To perfonn such other duties as may be assigned by the
H City Manager or by this Code.
Section 3. Title 1, Olapter 6, Article F, of the Englewood
Municipal Code 1985, is hereby amended by adding new Sections 7, 8,
9 and 10, to read as follows:
l-6F-7: ESTABLISfi1ENT OF 1-Ul'OR VEHICLE R>!JI'ES
VEHICLES TRANSPORTING EXPLOSIVES, BrASTING AGENTS, HAZARDOUS
CHEMICALS OR <YrHER DANGEROUS ARTICLES. THE RO!JI'ES REFERRED
TO IN SECTION 77.302(1) OF THE UNIFORM FIRE CODE FOR VEHICLES
TRANSPORTING EXPLOSIVES, BrASTING AGENTS, ~ROUS CHEMICALS
OR <YrHER DANGEROUS ARTICLES ARE HEREBY ESTABLISHED AS
FOLLCMS:
1. SANI'A FE DRIVE
2. U.S. HIGMAY 285, EXCLUSIVELY BE'IWEEN 'lliE HOURS
COMMENCING AT 10:00 P.M. AND ENDING AT 6:00 A.M.
l-6F-8: ESTABLISHMENT OF FIRE LANES
A. FIRE LANES SHALL BE ESTABLISHED ON PRIVATE PROPERTY
DEVOTED TO PUBLIC USE WHERE 'lliE PARKING OF l'DTOR VEHICLES OR
<YrHER CBSTRUCTIONS MAY INTERFERE WITH 'lliE INGRESS AND EXiRESS
OF FIRE DEPAR'IMENT VEHICLES FOR 'lliE PROTECTION OF PERSONS AND
PROPERTY, SUCH AS SHOPPING CENTERS, .E!GILING ESTABLISHMENTS,
'lliEATERS , HOSPITALS, OCHOOLS, OiURCHES AND OfHER SIMILAR
LOCATIONS WHERE FIREFIGHTING APPARATUS AND EX)UIPMENT CANNOT
BE USED EFFECTIVELY FR<M PUBLIC 1\CCESS.-IAYS.
B. THE CHIEF OF 'lliE FIRE DEPAR'IMENT AND THE CHIEF OF THE
POLICE DEPAR'IMENT SHALL ESTABLISH SAID FIRE LANES ON PREMISES
HERETOFORE SET O!JI' BY FILING A PLAT OF SAID PRIVATE PREMISES
WITH 'lliE DEPARTMENT OF PUBLIC WORKS AND WITH THE POLICE
DEPARTMENT OF THE CITY , SPECIFICALLY DESIGNATING 'lliEROON 'lliE
WIDTH AND RO!JI'E OF SOCH FIRE LANES AS SHALL BE ESSENTIAL FOR
THE NECESSARY INGRESS, mRESS AND MOVEMENT OF FIRE EQUIPMENT
AND APPARATUS WITHIN AND UPON SAID PRIVATE PREMISES. SAID
PLAT SHALL BEAR THE DATE OF APPROVAL OF 'lliE FIRE AND POLICE
CHIEFS OF 'lliE CITY.
C. UPON c'ILING THE APPROVAL PLAT DESIGNATING 'lliE NECESSARY
FIRE LANES AND WIDTHS THEREON WITH 'lliE DEPAR'IMENT OF PUBLIC
WORKS AND THE POLICE DEPARTMENT, AS PROVIDED HEREIN, 'lliE FIRE
CHIEF OR HIS DESIGNEE SHALL FORTHWITH DELIVER A COPY OF THE
SAME TO THE CWNER, OPERATOR, TENANT OR LESSEE IN POSSESSION
OF SAID PRIVATE PROPERTY WITH WRITrEN NOTICE AND ORDER TO
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PROCEED 'ro MARK AND POST SAID FIRE I:ANES IN CONFORMAN:E WITH
THE MANUAL AND SPEX::IFICATIONS CF THE STATE DEPAR'IMENT OF
HIGiWAYS. WITHIN FORTY-FIVE (45) DAYS AFTER OOTICE, OR SOCH
ADDITIONAL TIME AS OOT 'ro EXCEED FORTY-FIVE (45) ADDITIONAL
DAYS, THE ClVNER, OPERA'roR, TENANT OR LESSEE IN POSSESSION
SHALL <Xl1PLETE THE NEX:ESSARY MARKING AND SIGIING AS REQUIRED
HEREIN.
D. FAILURE OF THE OWNER, OPERA'roR, TENANT OR LESSEE IN
POSSESSION 'ro <Xl1PLY WITH THE ~IREMENTS AS SET OUT IN
SUBSEX::TION C HEREOF SHALL BE CONSIDERED 'ro BE A VIOI:ATION OF
THIS CODE AND MAY SUBJECT THE ClVNER, OPERA'roR, TENANT OR
LESSEE IN POSSESSION 'ro THE PENALTIES PRE'.S:RIBED IN SEX:TION
1-6F-10 OF THIS ARTICLE.
E. THE OWNER, OPERA'roR, TENANT OR LESSEE IN POSSESSION MAY
APPEAL THE ORDER OF THE FIRE CHIEF AS PROVIDED IN SEX::TION
1-6F-9 OF THIS ARTICLE.
l-6F-9: APPEALS
WHENEVER THE CHIEF OF THE FIRE DEPAR'IMENT SHALL DISAPPROVE AN
APPLICATION OR REFUSE 'ro rnANT A PERMIT APPLIED FOR, OR w1iEN
IT IS CI:AIMED THAT THE PROVISIONS CF THIS TITLE 00 OOT APPLY
IN THE MANNER IN WHICH THE CHIEF OF THE FIRE DEPAR'IMENT
DETERMINES, OR WHEN IT IS CI:AIMED THAT THE TRUE INTENT AND
MEANING OF THIS TITLE HAVE BEEN MISCONSTRUED OR WRONGLY
INTERPRETED BY THE CHIEF CF THE FIRE DEPAR'IMENT, ANY PERSON
ACX>RIEVED THEREBY MAY APPEAL FR<M THE DEX:ISION OF THE CHIEF
OF THE FIRE DEPAR'IMENT 'ro THE ENGLa-1000 BOARD OF ADJUS'IMENT
AND APPEALS WITHIN THIRTY (30) DAYS FR01 THE DATE CF THE
DEX::ISION APPEALED, WHICH BOARD SHALL REVIai THE DEX:ISION OF
THE CHIEF OF THE FIRE DEPAR'IMENT AND RENDER A FINAL AND
BINDING DEX:ISION THEREUPON. IN CONSIDERING SUCH APPEALS, THE
ENGLEWOOD BOARD OF ADJUS'IMENT AND APPEALS SHALL HAVE THE
POWERS GRANTED 'ro THE CHIEF OF THE FIRE DEPAR'IMENT BY SOCTION
1-GF-1-2 OF THIS ARTICLE.
1-GF-10 PENALTIES
A. ANY PERSON WHO FAILS 'ro <Xl1PLY WITH THE PROVISIONS OF
TITLE l-6F OF THE ENGLaiOOD MUNICIPAL CODE, OR WHO SHALL
VIOI:ATE OR WHO SHALL FAIL 'ro <Xl1PLY WITH ANY ORDER MADE
THEREUNDER, OR ANY CERTIFICATE OR PERMIT ISSUED THEREUNDER,
AND FRCM WHICH NO APPEAL HAS BEEN TAKEN, OR WHO SHALL FAIL 'ro
<:.U1PLY WITH SUCH AN ORDER AS AFFIRMED OR MODIFIED BY THE
ENGLEWOOD BOARD OF ADJUS'IMENT AND APPEALS, OR BY A COURT OF
CCMPETENT JURISDICTION, WITHIN THE TIME FIXED THEREIN, SHALL
BE CONSIDERED 'ro HAVE VIOI:ATED THIS CODE AND SHALL BE SUBJEX::T
'ro THOSE PENALTIES PRESCRIBED IN SEX::TION 1-4-1 OF THIS
MUNICIPAL CODE. THE IMPOSITION OF ONE PENALTY FOR ANY
VIOLATION SHALL NOT EXCUSE THE VIOI:ATION NOR PERMIT IT 'ro
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CONTINUE, AND ALL SOCH PERSONS SHALL BE IID;;)UIRED TO CORREX:T
OR REMEDY SOCH VIOLATIONS OR DEFe:::TS WITHIN A REASONABLE TIME.
B. ANY CONTINUING Per, WHICH UNDER SUBSECI'ION A HEREOF SHALL
CONSTITtJl'E A VIOLATION CF 'nUS CODE, IS liERmY DEX:LAREO 'ro BE
A PUBLIC WISMCE AND IN ADDITION TO ALL Ol'HER PENALTIES
PRESCRIBED HEREIN, 'ffiE CITY MAY TAKE SOCH LEGAL PCriON TO
ABATE SOCH NUISAtCE AS SHALL BE APPROPRIATE.
Introduced, read in full, and passed on first reading on the 4th day of November, 1985.
Published as a Bill for an Ordinance on the 6th day of November, 1985.
Read by title and passed on final reading on the 2nd day of December, 1985.
Published by title as Ordinance No.
the 4th day of December, 1985.
Attest:
ex officio City Clerk-Treasurer
, Series of 1985, on
Fllgene L. Otis, Mayor
I, Gary R. Higbee, ex officio City Clerk-Treasurer of the
City of Englewood, Colorado, hereby certify that the above and
forego i ng is a true and canplete copy of the Ordinance passed on
final reading and published by title as Ordinance No. __ , Series of 1985.
Gary R. Higbee
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ORDINAOCE 00 • ...3.:1_
SERIES OF 1985
BY AUTHORITY
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COUNCIL BILL NO. 79
INTROOOCED BY COUtCIL
MEMBER WEIST
AN ORDINAOCE AMENDING ENGLEWOOD MUNICIPAL CXX>E 1985 BY DELETING
TITLE 7, QiAPTER 5, ENTITLED "FIREWORKS ."
WHEREAS, the regulations on Fireworks contained in Chapter 5
of Title 7, Englewood Municipal Code 1985, are covered in an
identical fashion in Article 78 of the Uniform Fire Code; and
WHEREAS, the City of Englewood previously adopted the Uniform
Fire Code 1982 Edition;
NCM, THEREFORE, BE IT ORDT>.INED BY THE CITY CoutCIL OF THE
CITY OF ENGLEWOOD, COLORADO, THAT:
Section 1. Chapter 5 of Title 7, Englewood Municipal Code
1985, is hereby repealed.
Introduced, read in full, and passed on first reading on the
4th day of November, 1985.
PUblished as a Bill for an Ordinance on the 6th day of
November, 1985.
Read by title and passed on final reading on the 2nd day of
{)eeanber, 1985.
PUblished by title as Ordinance No. __ ,
the 4th day of December, 1985.
Series of 1985, on
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Attest: ---------
ex-Qrfic1o C1ty Clerk-Treasurer
I, Gary R. Higbee, ex officio City Clerk-Treasurer of the
City of Englewood, Colorado, hereby certify that the above and
foregoing is a true and complete copy of the Ordinance passed on
final reading and published by title as ordinance No. _, Series
of 1985.
Gary R. Higbee
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BY At1I'HORITY 1 0
OROINAN:E 00. ___fu-
SERIES OF 1985 COUNCIL BILL NO. 88.1
INTRODUCED BY COUOCIL
MEMBER HIG:lAY
AN OROINAOCE ELECTING AND APPLYING TO WITHDRAW CERTAIN B'IPLOYEES CF
THE POLICE DEPAR'IMENT OF THE CITY CF ENGLEWOOD, COLORADO, FRCM THE
FIRE AND POLICE PENSION ASSOCIATION AND EUX:TING 001' TO PARTICIPATE
FOR THEM IN ANY STATEWIDE PENSION PLAN PURSUANT TO C.R.S.
31-30-1001 et. seq., AND, IN LIEU THEREOF, ESTABLISHING A MONEY
PURCHASE PLAN FOR ALL POLICE CFFICERS HIRED BY THE CITY CF
ENGLEWOOD ON OR AFTER APRIL 8, 1978; AND APPROVING A CONTRACT
BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD POLICE ASSOCIATION
RE-ENFORCING THE MONEY PURCHASE PLAN AS A NON-NEOOI'IABLE SUB.JEX;T OF
COLLECTIVE BARGAINING, AND DECLARING AN B'IERGEOCY.
WHEREAS, the City of Englewood, Colorado, has previously
joined and been a member of the Fire and Police Pension
Association, 720 South Colorado Boulevard, Suite 800, Denver,
Colorado 80222 (hereinafter "FPPA"); and
WHEREAS, the City of Englewood desires and hereby elects to
establish a money purchase plan in lieu of any statewide pension
plan pursuant to C.R.S. 31-30-1001 ~seq. for all police officers
hired on or after April 8, 1978; a~
WHEREAS, the City of Englewood previously passed its
resolution of intent to withdraw from the Fire and Police Pension
Association, pursuant to C.R.S. 31-30-1001 (2) (b) and pursuant to
FPPA rules; and
WHEREAS, the City of Englewood has complied with all
pertinent provisions of the Colorado Revised Statutes relating
thereto ; and
WHEREAS, the City of Englewood has complied with all
pertinent provisions of the Hane Rule Olarter and the Englewood
l'tln i cipal Code; and
WHEREAS , this ordinance has been submitted to the FPPA; and
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WHEHEAS, the City of Englewood and the affected police
officers and the Englewood Police Association have expressly agreed
that establishment of and participation in a money purchase plan,
and any part or manner of participation therein, is a
non-negotiable subject in collective bargaining, and the affected
police officers and the Englewood Police Association have agreed
that such non-negotiable status is provided by their contractual
agreement even to the extent, if any, not provided by the Harne Rule
Olarter of the City of Englewood, and they have requested that said
non-negotiable status be affirmed and embodied by contract and
additionally by the terms of this ordinance; and
WHEREAS, the City Attorney of the City of Englewood has
certified by letter to the FPPA that he has reviewed the proposed
money purchase plan and finds it to be in canpliance with
applicable state law; and
WHEREAS, the FPPA has informed the City of Englewood , the
Englewood Police Association and the affected police officers that
the election could proceed; and
WHEREAS, a pre-election meeting ~.as canpleted with a
representative of FPPA, the Englewood Police Association, the
affected police officers and the City of Englewood by a representa-
tive of International City Managers' Association Money Purchase
Plan; and
WHEREAS, full disclosure statement relating to and canparing
and contrasting the FPPA pension plan with the proposed money
purchase plan has or will be filed with the FPPA no later than
September 1, 1985, pursuant to applicable FPPA rules, and said
statement has been approved by the FPPA; and
WHEREAS, a copy of the disclosure statement has been reviewed
and found wholly satisfactory by the Englewood Police Association
and the affected police officers, and copies have been hand-
delivered or mailed to each newly hired and affected police officer; and
WHEREAS, the Englewood Police Association, the affected
police officers, any and all police officers of the City of
Englewood were informed that the election ~.as to be October 15
through 17, 1985, and each newly hired and affected police officer
was informed of the election and its dates, and all such notice was
a minimum of ten days prior thereto; and
WHEREAS, the City of Englewood, the Englewood Police
Association and the affected police officers were informed that
they , or any of them, could request and receive a public meeting
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with an FPPA representative to discuss the proposed money purchase
plan and the FPPA pension plan, and said public meeting, if
requested, was conducted more than ten days prior to the election;
and
WHEREAS, the election was conducted on O:::tober 15 through 17 ,
1985; and
WHEREAS , at least sixty-five percent (65%) of the affected
manbers o f the Englewood Po l ice Association and Englewood Police
Departmen t approved the establisrment of the proposed money
purchase plan at election; and
WHEREAS, enactment of this ordinance will be for the benefit
o f anployees and will prov ide funds for their retiranent and f unds
for their beneficiaries i n the event of death; and
~' THEREFORE, BE IT ORO.l\INED BY THE CITY C(){JOCIL OF THE
CITY OF ENG:.mOOO, COLORADO, AS FOLr.GJS:
Section 1. 'n1e City Council hereby finds and approves as
facts the provisions of the "WHEREAS" clauses herein set forth.
Section 2.
for the Englewood
on or after Apr i l
Association, said
1985.
'n1e Ci t y of Englewood hereby wi thdraws employees
Police Department hired by the City of Englewood
8, 1978 from the Fire and Police Pension
withdrawal to be effective as of December 31 ,
Section 3. 'n1e Ci ty of Englewood hereby elects as of
December 31, 1985 no t t o par tic i pate for employees of the Englewood
Pol i ce Department h i red by t he City of Englewood on or after April
8, 1978 in any statewide pension plan pursuant to C.R.S. 31-30-1001
et ~·
Section 4. 'n1e Ci ty o f Englewood hereby agrees to enter into
the ICMA Retuement Corporation Prototype M:me y Purchase Plan and
Trust h'loption Agreement (her ei naft er "Plan and Trust ") , att a ched
hereto a s Exh i b it A, and a uthori zes e xecution by the Mayo r a nd
attestation by the Ci t y Clerk , wh ich ag reement is to be e f fective
as of January 1 , 1986 .
Section 5 . 'n1e City of Englewood hereby establishes a money
purchase plan 1n the form of the ICMA Retirement Corporation
Prototype Mo ney Purchase Plan a nd Trust attac hed as Exhibit B,
which Plan and Trust is to be effective a s of January 1 , 1986 .
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Section 6. Participation in the Plan and Trust shall only be
by unifor:rnoo, sworn, police officer anployees of the Englewood
Police Department hired by the City of Englewood on or after April
8, 1978.
Section 7. The Plan and Trust is established and shall be
mainta1ned for the exclusive benefit of eligible anployees and
their beneficiaries.
Section 8. '!he terms of the Plan and Trust, the
establlslil\ent of and participation in a money purchase plan, and
any part or manner of participation therein are non-negotiable
subjects in collective bargaining.
Section 9. '!he City of Englewood hereby agrees to enter into
a contract w1th the Englewood Police Association in which the
parties reaffirm by legally binding agreement that the terms of the
Plan and Trust, the establishment of and participation in said
money purchase plan, and any part or manner of participation
therein, are non negot iable subjects in collective bargaining. A
copy of said contract is attached hereto as Exhibit C, and the
Mayor is hereby authorized to execute and the City Clerk to attest
the same.
Section 10. '!he employer and anployee contributions to the
Plan and Trust shall be absolutely limited as follows, any
provision in any pertinent agreement notwithstanding:
Employer contributions --eight percent (8%)
Employee contributions --eight percent (8%)
Section 11. The Department of Finance of the City of
EnglewoOd 1s authorized to receive from the FPPA as soon as
possible after December 31, 1985, but in no event more than six
months from the effective date of custody, together with the net
earnings of such funds, defined as actual earnings, less actual
administrative expenses and expenses connected with the withdrawa l .
Section 12. '!he refunded moneys at set forth in the previous
Section shall be used as contributions to the Plan and Trust.
Section 13. Upon the effective date of withdrawal from FPPA,
the City of Englewood shall be liable for the payment of all
benefits then vested under the provisions of C.R.S. 31-30-1006.
Section 14. '!he provisions of this ordinance shall have no
effect upon pollee officers hired prior to April 8, 1978, and said
police officers shall remain with Englewood Police Officers'
Pens ion Plan.
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Section 15. The City Council shall hold a public hearing on
this Ordinance, before final passage, at 7:30p.m. on December 2,
1985 in City Council Chambers, 3400 s. Elati, Englewood, Colorado
80110, at which time the public and any affected person may state
his or her views and position relating thereto. At said public
hearing 1 the CatrnuniCatiOnS a00 pclSi tiOn Of and agreanentS between
the City and Englewood Police Association, and the legal opinion of
the City Attorney shall be duly incorporated into the record.
Section 16. The Director of Finance, ex officio City Clerk-
Treasurer, of the City of Englewood, Colorado, is hereby directed
to forthwith file a certified copy of this Ordinance with the Fire
and Police Pension Association, 720 SOuth Colorado Boulevard, SUite
800, Denver, Colorado 80222.
Section 17. City Council hereby finds, determines and
declares that this Ordinance is necessary for the irrmediate
preservation of the public peace, health, safety and welfare in
that it has to be enacted and in effect prior to January 1, 1986.
Introduced, read in full, and passed on first reading on the
18th day of November, 1985.
Published as a Bill for an Ordinance on the 20th day of
November, 1985.
Read by title and passed on final reading as an anergency
ordinance on the 2nd day of Decanber , 1985.
Published by title as Ordinance No.
the 4th day of Decanber, 1985.
Attest:
ex off1c1o C1ty Clerk-Treasurer
, Series of 1985, on
lligene L. Otis, Mayor
I, Gary R. Higbee, ex officio City Clerk-Treasurer of the
City of Englewood, Colorado, hereby certify that the above and
foregoing is a true and complete copy of the Ordinance passed on
final reading and published by title as Ordinance No. , Series
of 1985.
Gary R. H1gbee
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1Cl\1A
RET1RE:t\1ENT
CORPORATION
PROTOTYPE MONEY PURCHASE PLAN & TRUST
ADOPTION AGREEMENT
The Employer hereby establishes a Money Purchue Plan & Trust to be known u
_:C:_:i~t:.::Y_:::O;;f~F.::.n<T:.:.1=.e=.w::..oo==.;d::.....:P;...;o::1::i:::c-:e;-:;;P:::e:-:-n.::.s.::.io.::.n:.:.....:P:..:l::~=.:.. ____ (The "Plan") In the form or the ICMA Retirement cna-"' plan)
Corporation Prototype Money Purchase Plan and Trust .
This Plan Is an amendment and restatement of an exlatlng defined ~ pension plan. 0 Yes ~ No
11 yes, please specify the name of the defined contribution pension plan which this Plan hereby amends and
restates :-------------------------------------
A . EMPLOYER : City of F.nglewood
B. THE EFFECTIVE DATE of the Plan shall be the first
day of the Plan Vear during which the Employer adopts
the Plan , unless an alternate Effective Date is hereby
specified : .January 1, .::.1.::.9.::.8..:.6 ______ _
C. THE PLAN VEAR shall be P1e calendar year , unless
en alternate Plan Year is h ~r eby apecilted : __ _
D . ELIGIB ILITY REQUIREMENTS
1 . The following group or groups of Employees are
eligible for participation in the Plan :
__ All Employees
__ All Full-time Employees
__ Salaried Employees
__ Non-union Employees
__ Management Employees
__ Public Safety Employees
__ General Employees
__ Other (specify below)
All p ol ice off i cersh i red after
Ap ril 7 , 1978
2 . The Employer hereby watves the requirement of a
six-month period ol service for participants .
D Yes llJ No
If th is wa rver is elected , it shall apply to all
emp loyees withtn the Covered Employment
Classtltcet•on
3 A mint mum ag requ irPment is hereby spec il1ed lor
elt gib th ty to parttclp&te The m•nimum age requ ire ·
ment Is 2 1 (not to exceed age 24'h).
Wute N/A II no mlntmum age Is declared
4 . Normal Retirement Age ahall be _s'-s'-----
H a different Normal Retirement Age Ia established
for one or more groups of employees, please
specify:
Age Group
E. CONTRIBUTION PROVISIONS
1 . The Employer shall contribute on behalf of each
Participant 8 1M! of Eamlngs for the
Plan Year (subject to the limitations of Section 4 .09
of the Plan).
2. a) Each Participant Ia required to contribute __
e 1M! ol Earnings for the Plan Vear as a
condition of participation . (Write "0" if no contrlbu ·
tion is required .)
b) The Employer hereby elects to "pick up" the
Mandatory/Required Participant Contribution
~ Yes D No
3 . Each Participant may make a Voluntary Parttc lpant
Contribution as deltned in Sect1on 2 .34 of th e Plan
subject to the limitations of Sectton 4 04 and 4 0 9
of the Pla n . a:: Ye~ r Nc.
4 . Each PartiCipant may ma~E< a Oeduct•bl • Emr tr•;t-'
Contnbution as deftned In Sect ton 2 06 of thP Pta·
subJect to the ltm itat ions of Sect •on 4 0 5 of th e p ,.,~
pc Ye ~ t ,
EXHIBIT A
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5 . Em ployer contributions and Employee contribtJ-
t ions , if any, shall be contributed to the Trust i n ac-
cordance with the following payment achedula :
Per month
F . EARNINC>S
Earnings, which fomllhe buia for computing Employ-
er contributions and Employee contributions, If ,...
qui red, are deft ned as the Participant's base salary or
wages, before applying any aalary reduction agreed
to b y the Partic ipant pursuant to a p lan described In
Sections 457 or 403(b) of the Code, plus the following
(check w hicheve r Is applicable , If a ny):
Q Overtime
0 Bonuses
0 E mp loyer contributions (ot he r than salary reduc-
tion amounts) un der Sectio n 457 of the Code
O th er ex1 raord inary remuneratio n
G . VESTING PROVISIONS
T he Employer hereby spac1lies the following vesting
s chedule, subject to 1) the m ini mum vesti ng require-
m ents as noted and 2) the concurrence of the Plan
Admini st rato r.
Years of Specified M inimum
Service Percent Vesting
Com~leted Vesti!!ll ~ulrements• •
Z ero _.Jl.._% No m inimum
O ne _o_% N o m inimum
T wo _.Jl.._% N o m inimum
Three __2_% N o minimum
Four ~% N ot less than 40%
F tve _0_% Not less than 45%
S 11c or !'lore .JL.% Not less than 50%
S even or more ~% Not less than 60%
E tght or more ~% Not less than 70%
N tne or more ~% Not less than eoo1o
Ten or more .1.m_% N ot less than 90 %
liKK-¥11 ~XXXX JIUX JCMX X X II!M~~
("'These m tn 1mum vesttng req ui reme nts conform t o
t he IR S s Four-F o rty S c hedule, wh ich IS the most re -
s trtcttve sch edule l or wh 1ch an ad va nce delermtn atton
r ultn g l or qualt f1 cat 10 n w ill be Issued by the IR S wit hout
a p re -te sl lor nond1scrt m inat io n )
2
•
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H . INVESTMENT OPTION (check one)
The following applies to Employer Contributions and
Mandatory Employee Contributions. All Voluntary
Employee Contrtbutiona and Deductible Employee
Contributions (DECa) are not aUbject to lnv.stment
restrictions.
0 A Participant may direct hlalher lnv.stment only In
an lnv.stment option which provides a guarantee
of principal.
0 A Participant may direct hlalher lnv.stment of not
mora than % In an Investment option
which does not provide any guarant" of principal .
IJl A Participant may direct hlllher Investment, w ith-
out restriction , among various Investment options
available under the Trust.
0 Specify any other lnvastme11t restrictions :
I. W ITHDRAWAL UPON SEPARATION
1 . Upon aeparatlon from service for reason other than
death , Disability or attainment of Normal Retirement
Age, the Participant may elect to commence rece iv-
Ing benefits from the following accounts , w ithout
regard to age :
a) Employer Contribution Account (Nonforfeitable In-
terest) 121 Yes 0 No
b) Partic ipant Contribution Account (if appl icable)
c?l Yes 0 No
c ) Portable Benefits Account ~ Yes 0 N o
2 . If "no" to a ny o f the above , t he earliest age Is
---· at which the Employe r w ill a ll ow e d is -
tribution from the Employe r Contribu ti o n Acc o unt ,
the Po rtable B enefits Account . and/or the Par1 1CI·
pant Contribution A ccount , II applicab le .
3 . Notwithstan d ing Sectio n 1(2) abo ve. a d 1st nbut ton
shall be made p ursuant to Sect ion 8 0 5 of the P ia n .
De M inimis Accounts . Further ,th e P11 rtic ipa nt sha 'l
be entttled to make a rollove r contrib uti On p ursu a 'l l
to Secti on 8 .03 of the Plar,
J . Loans are perm itted undp r the Plan a s p rov1 deo 1n
Art 1c le XI. ~. Ve E [• N <•
•
I • •
•
K. The Employer hereby attests that It Is a unit of atate
or local government or an agency or lnatrumentality
of one or more unite of atate or local govemrnent and
thalli has the authority under atate and local lawa to
adopt a Money Purchue Plan.
•
• •
L . The Em~r hereby appoints the ICMA Ret irement
CorporatiOn a the Pian Admlniatrator pur.uant to the
terma and oondlllona of the ICMA PROTOlYPE
MONEY PURCHASE PLAN & TRUST.
The~ hereby egr ... to the pnwlaiona of the
Pian end Trust. -·
In Witneaa Whereof, the Em~r hereby c:aueea thla Agreement 10 be euc:uted on lhll
----------dey of _______ ,., ___ _
EMPLOYER Accepted: 1CMA RETIREMENT CORPORATION
By:---------------By: ______________ _
Title :: _______________ _
Title :--------""-------
Attes t:----------------Attest:----------------
C/84
3
•
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•
•
• •
ADDENDUM 'ro ~'HE CITY CF DG.~
POLICI ; PENSION PLAN ·
(I01A P-«>NEY PURCHASE PIAN)
Beginning balances of each errployee•s account will be detennined as
follows:
Meanings:
FPPA -the State wide plan administered by the Fire and Police
Pension Association established in CRS 31-30-1001, ET SEQ.
Mandatory Participant Contribution Account -ahall be in reference
to the amount contributed to the FPPA plan by each enployee.
etployee Contribution Account -shall -n the account establiahed
for each employee contribution within the ICHA plan.
ntployer Contribution Account -shall neen the eaployer contribution
account established within the I01A plan for each eaployee as a
result of employer contribution.
The mandatory participant contribution account shall be credited to the
employee contribution account with an amount equal to the total amount of
contributions paid by the errployee to the FPPA, up through t:lecenber 31,
1985.
An amount equal to the total contributions in the mandatory participant
contribution account shall be credited to the erployer contribution
account.
Any excess 1n0unts refunded to the plan by the FPPA IIIlich are not
allocated in the above manner shall be allocated as follows:
Fifty percent of all interest earnings shall be divided 1n0ng all
employee contribution accounts based upon each employees ratio of
contributions to the total mandatory participant contributions made
through Decenber 31, 1985. An amount equal to the interest earnings
divided among all B"~ployee contribution accounts shall be credited to
the employer contribution account. r nactive police employee (employer contributions) and forfeited
unds shall be credited to:
a. the City may use the excess funds to pay for any and all
startup costs associated with the ICMA police money purchase
plan .
b. any mon i es rema ining shall be cred ited to the Englewood
Police old hire pension fund for the purposes of reduci ng the
pension plan unfunded liabili ty . I • •
•
. ..
I
II
2.01
2.02
2.03
2.04
2.05
2.06
2.07
2.08
2.09
2.10
2.11
2.12
2.13
2.14
2. 15
2.16
2.17
2.18
2.19
2.20
2.21
2. 22
2.23
2.24
2.25
2.26
2.27
2.28
2.29
2.30
2 .3 1
2.32
2 .33
2 .34
III
3.0 1
3.0 2
3. OJ
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POliCE PLAN OOCUHI:NT
ICMA Retirement Corporatton
Table of Contents
ICMA Retirement Corporation
Prototype Honey Purchase Plan and Trust
Title
PURPOSE
DEFINITIONS
Accounting Date
Adoption Aqr~ement
Beneficiary
Break In Service
Code
Compensation
Covered Empl0yment Classification
Deductible Employee Contribution Account
Disability
Earnings
Effec~ive Date
Employee
Employer
Employer Contribution Account
Limitation Year
Nonforfeitable Interest
Normal Retirement Age
Participant
Participant Contribution Account
Participant Loan Account
Period of Separat1on
Period of Service
Period of Severance
Plan
Plan Administrator
Plan Year
Portable Benefits Account
Prototype Pl!ln
Qu!llified Beneficiary
Qua l ified Joint and Survivor Annuity
Re-emp loye d Individual
Suspense Ac c o unt
Tru s t
Voluntary Contribution Account
PARTICIPATION
Service
Aq e
Re-employed Ind i v idu!ll
Pa~ct Number
1
1
1
l
1
l
1
1
1
1
2
2
2
2
2
2
2
2
2
3
3
3
J
3
3
3
3
4
4
4
4
4
4
4
4
4
5
5
5
5
EX HI BIT B
I • •
'
IV
4.01
4.02
4.03
4.04
4.05
4.06
4.07
4.08
4,09
4.10
4.11
4.12
4.13
4.14
4.15
v
5.01
5.02
5.03
5.04
5.05
5.06
5.07
VI
6.01
6,02
6.03
6.04
6.05
6.06
6.07
VII
7.01
7.02
VIII
8.01
8.02
8.03
8.04
8.05
8.06
8.07
•
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ICMA R<~tirement Corporatton
CONTRIBUTIONS
Employer Contributions
Forfeitures
Mandatory Participant Contributions
Voluntary Participant Contributions
Deductible Employee Contributions
Payment of Participant Contributions
Chanqes in Voluntary Contributions
Portability of Benefits
Limitation on Annual Addition
Annu a l Addition
Elimination ot Excess Annual Additions
Short Limitation Year
Participant in Other Defined Contribution Plans
Partic1pant in Defined Benefit Plan
Definitions for Sections 4.13 and 4.14
TRUST AND lllVESTMENT OF ACCOUNTS
Trust
Investment Powers
Taxes ana Expenses
Payment of Benefits
Investment Funds
Valuation of Accounts
Participant Loan Accounts
VESTING
Vesting Schedule
Service After Break In Service
Prior Service of Re-employed Individual
Upon Normal Retirement Age
Upon Death or Disability
Forfeitures
Reinstatement of Forfeitures
BENEFITS CLAIM
Claim of Benefits
Appeal Procedure
COMMENCEMENT OF BENEFITS
Normal Commencement of Benefits
Elective Commencement of Benefits
Rollover to Another Plan
Latest CommencP.ment of Benefits
Oe Minimis Accounts
Withdrawal of Voluntary Contributions
~ithdrawal of DPductible Employee Contributions
•
5
5
5
5
5
5
6
6
6
7
7
7
8
8
8
8
9
9
10
12
13
13
13
13
13
13
13
13
14
14
14
14
14
14
14
15
15
15
15
15
16
16
16 I • •
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•
IX
9.01
9.02
9.03
9.04
X
10.01
10.02
10.03
10.04
10.05
XI
11.01
11.02
11.03
XII
12.01
1<.02
12.03
12.04
12.05
12.06
XIII
13.01
13.02
13.03
13.04
13.05
13.06
XIV
14.01
14.02
14.03
14.04
14.05
14.06
14.07
14.08
14.09
14.10
14.11
•
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ICMA Retirement Corporat1on ·-
DEATH BENEFITS
Pre-retirement Death Benefits
Post-retirement Death Benefits
Qualified Beneficiary
Surviving Spouse
HODES OF DISTRIBUTION OF BENEFITS
Normal Mode of Distribution
Elective Mode of Distribution
Qualified Joint and Survivor Annuity Contract
Election of Mode
Limitation on Participant
LOANS TO PARTICIPANTS
Availability of Loans to Participants
Terms and Conditions of Loans to Participants
Participant Loan Accounts
PLAN AMENDMENT, TERMINATION AND OPTIONAL PROVISIONS
Amendment by Employer
Amendment to Vesting Schedule
Termination by Employer
Discontinuance of Contributions
Amendment by ICMA Retirement Corporation
Optional Provisions
ADMINISTRATION
Powers of the Employer
Duties of the Plan Administrator
Protection of the Employer
Protection of Plan Administrator
Resignation or Removal of Plan Administrator
No Termination Penalty
MISCELLANEOUS
Nonquarantee of Employment
Rights to Trust Assets
Nonalienation of Benefits
Nonforfeitability of Benefits
In compent~ncy of Payee
Inability to Locate Payee
Mergers, Consolidations, and Transfer of Assets
Em~loyer Record s
Conun t>nl y Controlled Employers
Gender and Number
Applica ble Law
•
16
16
16
17
17
17
17
18
18
19
19
19
19
20
21
22
22
22
22
22
22
22
23
23
23
24
24
24
24
24
24
24
25
25
25
26
26
26
26
26
26
I •
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r
•
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ICMA Relncment Corporatton-
ICMA RETIREMENT CORPORATION
PROTOTYPE HONEY PURCHASE PLAN AND TRUST
I. PURPOSE
The Employer hereby adopts this Plan and Trust to provide funds .for its
Employees' retirement, and to provide funds for their Beneficiaries in
the event of death. The ben@fits provided in this Plan shall be paid
fr~m the Trust. The Plan and the Trust formin9 a part hereof are
adopted and shall be maintained for the exclusiv e benefit of eli9ible
Employees and their Beneficiaries. Exc~pt as provided in Section 12.03,
no part of the Trust shall revert to the EmployP.r or be used f~r or
diverted to purposes oth~r than the exclusive benefit of Employees and
their Beneficiaries.
II. DEFINITIONS
2.01 Accountin9 Date. The last workin9 day of each calendar month.
2.02
2.03
2.04
2.05
2.06
2.07
2.08
Adoption Agreement. A resolution of the governin9 body of the
Employer which ad~pts the Prot~type Plan and elects among the
various alternatives provided thereunder, and which upon
execut1on by the Employer and acceptance by the IC/o\A Retirement
Corporation becomes an inte9ral part of the Plan.
Beneficiary. The person or persons designated by the Participant
who shall receive any benefits payable hereunder in the event of
the Participant's death. The designati~n ~f such Beneficiary
shall be in writi ng t o the Plan Ad min istrator.
Break In Service. A twelve (12) consecutive month Period of
Severance.
Code. The Internal Revenue Code of 1954, as amended from time to
time.
Compensation. Wages and other compensation paid or made
available to an Employee, either before or after he/she becomes a
Participant, for personal services rendered in the course of
employment with the Employer, that the Employer is requ ired to
report for federal income tax purposes on Internal Reven u e
Service Form W-2, or a ny substitute success ~r for~.
Covered Employment Classification. The group or groups of
Employees eliglble t~ participate in the Plan as spec1fied in the
Employer's Ad o pt1~n Agreement.
Deductible Empl~yee Con trib uti~n Account. A separate Part1c1pant
account which cnntains voluntary contrib~tions whi ch are intended
to be deductible under Section 219(a) of the Code. Such a ccount
shall ala~ inc lude any realized and unrealized gains a nd l oss e ~
allocable to such contributi0ns, less an y amounts distribute d t o
the Participant ~r his/her BP.neficiary from such account.
l
•
I •
•
2.09
2.10
2.11
2.12
2.13
2.14
2.15
2.16
•
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ICMA Reluemen , Corpora11cn-
Disability. ll Occupati~nal Disability meana a disability ~~
~ ~ resulting in an incapacity to pert~rm assigned duties
and expected, with reasonable medical probability, t~ exist for
at least one year. 21 Total Diaability meana inability to
engage in any substantial gainful activity by reason of any
medically determinable physical or mental impairment which can be
expected to result in death or which haa lasted or can be
expected to last f~r a period not leaa than twelve (12) months.
The Board of Directors of the Fire and Police Pension Association
of Colorado has the sole power to determine eligibility for
retirement for Disability, whether Total or Occupational, for any
Participant in the Plan.
Earnings. The base salary or wages, plus other items elected by
the Employer in the Adoption Agreement, paid or ~ade available
by the Empll'yer to a Participant for personal servicea rendered
in the course of employment with the Employer. Earnings shall be
determined bef~re applying any salary reduction agreed to by the
Participant pursuant to a plan described in Sections 457 or
403(bl of the code.
Effective Da~e. The first day of the Plan Year during which the
Employer adopts the Plan, unless the Employer elects in the
~doption Agreement an alternate date as the Effective Date of the
Plan.
Employee. Any individual who performs services for the Employer.
excluding independent contractors.
Employer. The unit of state or local government or an agency or
instrumentality of one or more states or local governments which
executes the Adoption Agreement.
Employer Contribution Account. A aeparate account maintained for
a Participant consisting of his/her allocable share of Employer
contributions and earnings of the Trust. plan forfeitures and
realized and unrealized gains end losses allocable to such
account, less any amounts distributed to the Participant cr
his/her Beneficiary from such account.
Limitation Year. The Limitation Year is the 12-consecutive month
period for which Compensation is calculated for purpose n f
determining the contribution limitations under Section 4 09 of
the Plan. The Limitation Year shall be the Plan Year.
Nonforfeitable Interest. The interest of the Participant or
his/her Beneficiary (whichever is applicable ) in that percentage
of his/her Employer Contribution Account balance which has vested
pursuant to Article VI. A Participant shall, at all time, have a
Nonforfeitable Interest in his/her entire Participant
Contribution, Portable Benefits, Voluntary Contribution, dnd
Deduct1bl~ Employe~ contr1bution Accounts.
2.17 NL•rmal Ret1r~mt>nt Ag~. The eq"' which the Employer spe c 1 f Pb i••
2
•
I • •
(
•
2.18
2.19
2.20
2.21
2.22
2.23
2.24
•
• -
ICMA Ret ir ement Cor p ora t1 on --
t he Ad option Agreement.
Participant. An Employee who satisfies the requirements of
Article III, who is a member of the covered Employment
Classification, and who makes mandatory contributions if required
under tho Adoption Agreement.
Participant Contribution Account. A separate account ~aintained
for each Participant consisting of his/her mandatory
contributions and earnings of the Trust and adjustments for
withdrawals, and realized and unrealized gains and losses
attributable thereto . If a Participant is required/allowed to
make both ~andator y and voluntary contributions, a Voluntary
Contribution Account shall also be maintained.
Participant Loan Account. A separate investment account
established for the purpose of making and investing in loans to
the Participant. Such account shall include the amounts
transferred pursuant to Section ll.03(al of the Plan, plus
accrued interest, less repayments of principal andpaymenta of
interest. Any loan made to a Participant shall be made only from
such account .
Period of Separation. A period of time commencing with the date
an Employee separates from service and ending with the date such
Employee resumes employment with the Employer.
Period of Service. For purposes of determining an Employee's
intial or continued eligibility to participate in the Plan or
his/her vested interest in his/her Employer Contribution Account,
an Employee shall be credited for the time period commencing with
his/her tirst day of emp loymen t and end ing on the date a Period
of Severance beg ins. A Period of Service for these purposes
includes any Period of Separation of less than twelve (12)
consecutive months. In the case of an Employee who separates
from service a nd later resumes employment with the Employer, the
Period of Service prior to his/her resumption of employment shall
be aggregated only if such Employee is a Re-employed individual.
Period of Severance. A period of time commencing with the
earlier of:
(a ) the date an Employee separates from service by reason of
quitting. ret1rement, death, or discharge or
(b) the date twelve (121 months af ter the date an Empl oye e
separates from service, and ending, in the case of a n
Employee who separates from serv1ce by reason other than
death. with the date such Employee resumes empl o yment with
the Employer.
Plan. This Prototype Plan a s modified and detailed in the
~doption Agreement.
2. 25 Plan Adm1 n1 f'trllt<•r. The: ICMA RetlrC:ml·nt Corporati on
3
•
I • •
(
•
•
• -
ICMA Ret11 cment Cor ;>or at ion
2. 26 Plan Year. A calendar year, unless the tmpll•yer elects anC>t her
12-month per1od under the AdC>ption Agreement.
2.27 Portable Benefit& Account. A separate Participant account which
contains a •qualifying rollover distribution• from anot~~r plan,
pursuant to Section 4.08 cf the Plan. Such account &hall be at
times nonforfeitable by the Participant.
2.28 Prototype Plan. The International City Management Ass"ciation
Retirement Corporation Prototype Honey Purchase Plan and Trust.
2.29 Qualified Beneficiary. Any individual who 1) was a dependent of
the Participant or the Participant's surviving spouse for any two
of the last five taxable years. or 2) is a former spouse of the
Participant. lf a child's parents are divorced, and the child is
a dependent of either or both of the divorced parents, then the
child shall be treated as a dependent of each divorced parent.
2.30 Qualified Joint and Survivor Annuity. A nontransferable
guaranteed annuity contract purchased by the application of a
part of or the entire interest of the Participant in the Plan,
that provides annuity payments to and during the life of the
Participant, and survivor annuity paym'!nts, in an am"unt equal to
not less than 50 percent, nor more than 100 percent, of the
annuity payments payable to the Participant during his/her life,
to and during the life of his/her surviving eligible spouse, if
any, after his/her death. An eligible spouse shall be the person
to whom the Participan t was married on the annuity staring date.
2.31 Re-employed Individual. A person who, after having separated
from service, resumes employment:
2.32
(a) with an Nonforfeitable Interest in his/her Employer
Contribution Account, or
(b) with no such Nonforfeitable Interest, and who resumes such
employment either (i) before a Break In Service or Iii)
after a Break In Service but before his/her lastest Period
of Severance equals or exceeds his/her Period of Service.
Suspense Account. An account maintained as a part of the Trust
which conta1n s any excess annual additions or fC>rfeitures.
2.33 Trust. The Trust created under Article V of the Plan whic h shall
consist of all of the assets of the Plan derived from Emp l oyer
and Partic1pa n t contribu tions under the Plan, plus a ny i n come
andga1ns tnereon , les s any losses, expenses and di stri but ion s to
Participants a nd Be neficiaries.
2.34 Voluntary ContrlbutiC>n Acc 0 unt. A separate Participan t ac c ount
which c o ntain s v o lu n tary contributions which are no t deductible
und~r SectiC>n 2191al o f the Internal Revenue Code. Su ch account
shall also in c lude a ny realizerl and unrealized ga1ns a nd l o s s ~s
allocable t0 s uch c0n t r1 b Ut1ons. lebs any am o unts d 1 s tr1 buted to
4
•
I • •
•
• -
ICMA Ret1rement Coq ·oralion --·
the P~rticip~nt ~r h1s/her Benefici~ry from such ~ccount.
Ill PARTICIPATION
3.01
3.02
3.03
Service. Except ~s pnwided in Sections 3.02 ~nd 3.03 of the
Pl~n. ~n Employee withing the Covered Employment Cl~ssific~tion
who h~s completed a six (61 month Period of Service sh~ll
participate on the first day of the first calond~r quarter after
such service requirement is satisfied. The Employer may elect in
the Adoption Agreement to waive the six-month Period of Service.
Age. The Employer may designate a minimum age requirement, not
to exceed 24 1/2, f~r participation. Such ~ge, if ~ny, shall be
declared in the Adoption Agreement.
Re-empl~yed Individual. A Re-employed Individual shall
participate in the Plan upon re-employment or the date described
in Sections 3.01 ~nd 3.02 of the Plan, whichever is later.
IV CONTRIBUTIONS
4.01
4.02
4.03
4.05
Employer Contributi~ns. For each Plan Year, the Employer will
contribute to the Trust ~n amount which is determined in
~cc~rdance with the Adopti~n Agreement. The Employer's full
contribution for ~ny Plan Ye~r sh~ll be due ~nd pa id not later
than thirty (301 working days after the close of the Plan Year.
Forfeitures. All a moun ts forfeited by terminated Participants,
pursuant to Se ct1o 6.06 of the Plan, shall be used to reduce
Employer contribut1ons f ~r the following Plan Year ~n d succeeding
Pl~n Years, if necessary.
M~ndatory P~rticipant Contributions . If the Employer so elects
in the Adoption Agreement, each Participant shall make
contributions equa l to the designated percentage of his/her
Earnings as a condition of his/her participation in the Plan.
Such contributions shall be accounted for separately in the
Participant Contribution Account. Such account shall be at all
times nonforfeitable by the Participant.
Voluntary P~rticipant Contributions. If the Employer so elects
in the Adoption Agreeme nt, a Participant may make volur.tary
contr1butions under the Plan for any Plan Year in a ny am ount up
to 10 percent of his/her Compensation for such Plan Year. Such
contributions sh~ll be accounted for separately in the Volunta ry
Contribution Account. Such account shall be at all times
n~nforfe1table by the Participant. Notwithsta nding the
foregoing, no Parti cip~nt shall be allowed to make voluntary
contribution s under this Plan is he/she is coverPd under another
qualified plan ma in ta1ned b y the Employer which allows vo luntary
contributions thereunder.
Deductible Empl~yee Contributions. If the Employer s ~ elect& in
the Ad ~pt 1 on Agr ee ment, a Participant may for each yPar pr1or 1:('
the ye~r he/&h~ attaln & aq e 70 1/2 volu nta rily contrlbutc to t ~r
5
•
I •
4.06
4.07
4.08
(
•
•
• •
ICMA Ret1rement Corporat1on
Trust an amount not to exc@ed the lesser of his/her Compensation
or $2,000 lor such larger amount perm1tted as a deduction by the
Code). Contributions made pursuant to this Section 4.05 are
intended to be deductible by Participants under Section 2191al of
the Code. A contribuiton by a Participant shall be credited to
his/her Deduct1ble Employee Contribution Account and amounts so
credited shall be 100 percent veated and nonforfeitable at all
times.
Payment of Participant Contribution•. Participant contributions,
whe~her IToandatory or voluntary, ahall be made by payroll
deduction and shall be contributed to the Trust as specified in
the Adoption Agreement.
Changes in Voluntary Contributions. A Participant may elect to
change his/her voluntary contribution rate, provided that only
one such change shall be allowed during any Plan Year. A
Participant may discontinue voluntary contributions at any time.
Once a Participant has discontinued such contributions, he/she
may not resume voluntary contributions for six calendar montha.
Portability of Benefits. An Employee within the covered
Employment Cla~s1fication, whether or not he/she has satisfied
the minimum age and service requirements of Article Ill, may
transfer (roll over) his/her interest in a plan qualified under
Sections 40l(a) or 403(a) of the Code to this Plan, provided:
(a) The distribution is Ill on account of termination or
discont~nuance of the plan or 121 the distribution
represents a lump sum distribution which becomes payable on
account of the Employee's separation from serv ice, death,
Disability or after the Employee attains age 59 l/2,
(b) The amount distributed from the plan is transferred to this
Plan no later than the 60th day after distribut~o n was made
from the plan,
(c) The distribution constituted the Employee's entire interest
in the plan and was distributed within one taxable year to
the Employee,
(dl The am o u n t tra nsferred to this Plan does not include a ny
amou n t s contr1 b uted by the Employee to the plan, and
(e) The Employee was not an Owner-Employee under such p l a n
within the meaning of Section 40lla) (1) of the Code.
Such transfer (rollover) may also be through an Individual
Retirement Plan qualified under Section 408 of the Internal
Revenue Code where the Individual Retirement Plan was u s e d a 5 a
conduit from th@ prior plan a nd the transfer is made 1n
accordance with the rules provided at Ia) through (el of thi s
paragraph and the transfer d~~s not include any personal
contr ibut i or,,. o r earr11 ngs thereon the Participa n t may ha ve ma de
to the In d 1 v 1du a l Retirement Plan.
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.-----------------------ICMA Retuement Corporattc .n
4.09
4.10
4.11
The am~unt transferred shall be deposited in the Trust and shall
be credited to a Portable Benefits Account. Such account shall
be 100 percent vested in the Employee.
Limitation on Annual Addition. The annual addition to a
Participant·' s accounts for a Limitation Year a hall not exceed
his/her maximum annual addition, which shall be the lesaer of:
(A) Twenty-five percent of such Participant's Compensation
during the Limitation Year, or
(b) The amount permitted under the Code Section 415(c)(1) (A), as
adjusted from time to time under Code Section 415(d)(ll and
Trees. Reg. 1.415-6(d), and in effect for the calendar year
in which the Limitation Year ends.
Annual Addition. The annual addition to a Participant's accounts
for a Lim1tation Year shall be the sum of:
(a) Employer contributions and forfeitures. plus amounts
reapplied pursuant to Section 4.11 of the Plan, and
(b) The lesser of Ill a Participant's contributions (other th~n
Deductible Employee Contributions) in excess of 6 percent of
his/her Compensation; or 121 one-half of the Participant's
contributi ons (other than Deductible Employee
Contributions).
A "qualifying r ollover distribution" described in Section 4.08 of
the Plan shall not be considered as annual addition of a
Participant.
Elimination of Excess Annual Additions. Any annual addition in
excess of the limitations of Section 4.09 of the Plan shall be
eliminated in the follow1ng order:
(a) First, voluntary contributions (other than Deductible
Employee Contributions) and next, if necessary, any
mandatory contributions, including any earnings and gains,
minus any losses attributable thereto. to the extent
necessary to prevent an excess annual addition, shall be
returned to the Participant.
(b) If necessary. then, next, Employer contributions and
forfeitures credited to the Participant's account for the
Limitation Year, including any earnings and qains, min u s any
losses attributable thereto, to the extent ~·cessary t o
prevent an excess annual addition, shall be ·~eallocatej to
the Suspense Account and shall be reapplied :o reduce
d >llar-for-dollar Employer contributions othe rwise req1ired
to be made fer the next Limitation Year and s uccePding
Limitation Years, if necessary.
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4.12
4.13
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4.14
4.15
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ICMA Rctneme~t Corr:orat1on
Short Limitation Year. Notwithstanding anything to the contrary
in Section 4.09 of th~ Plan, if a short Limitation Year is
created because of an amendment changing the Limitation Year to a
different 12-ccnsecutive month period, the maximum annual
addition for the short Limitation Year shall be the lesser of:
Cal The amount described in_ Section 4.09Cbl of tht· Plan for such
Limitation Year multiplied by the following fr·action:
or
number of months in th~
sh~rt Limitation Year
12
(b) Twenty-five percent of the Participant's Compensation for
the short Limitation Year.
Participant in Other Defined Contribution Plans.
Nothwithstanding any other provision in this Plan, if any annual
additions are allocated under any other Defined Contribution
Plans maintained by the Employer with respect to a Participant in
this Plan, and the annual additions to the Participant's accounts
under all of the Defined Contribution Plans, treated as a single
plan, would, but for this Section 4.13, exceed his/her maximum
annual addition for a Limitation Year, then his/her annual
additions shall be reduced first in accordance with such other
Plans (if they provide for such reduction in this situation!, and
then to the extent necessary in accordance with Section 4.11 of
the Plan.
Participant in Defined Benefit Plan. If a Participant has at any
time been a participant in any Defined Benefit Plan maintained by
the Employer, then for any Limitation Year, the sum of the
Defined Benefit Plan Fraction and the Defined Contribution
Fraction shall not exceed 1.0. If this limitation would be
exceeded, then the Participant's projecte1 annual benefit under
the Defined Benefit Plan shall be reduced in accordance with the
terms thereof to the extent necessary to satisfy the 1.0
limitation described in this Section 4.14. If such Plan does not
provde for such reduction or· if the 1.0 limitation is still
exceeded after the reduction, annual additions shall be reduced
to the extent necessary in the manner described in Section 4.11
of the Plan.
Definitions for Sections 4.13 and 4.14. For purposes of Sections
4.13 and 4.14 of the Plan, the following definitions apply:
Cal "Defined Contribution Plan" and "Defined Benefit Plan" shall
shall have the meanings set forth in Section 415(kl of the
Code and the regulations thereunder.
(bl "Defined Benefit Plan Fraction" for any Lim1tation Year
shall mean a fract1on of:
Ill The numPrator o f wh1ch is the proJ ected annual b~nef1 ~
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ICMA Rettrement Cor )Oral ron-·
of a Per:1cipent, es defined in Section l.415-7 (hl (c)
of rcg uleti<•n s, and any successt•r regulet1ons, under
ell OefinPd Benefit Plans ~ver meintein~d by the
Employer. determined as t•f the close of tho Lirni tat ion
Year, and adJUSted under Section 415(bl(21 of the code,
if appliceble 1 and
121 The denominator of which ia the iesser of:
(AI The product of 1.25 multiplied by the dollar
limitation in effect for such Limitation Year
under Section 415(cl (lilA) of the Code: or
181 The product of 1.4 multiplied by the amount which
may be taken into account under Section
415(c) (11 18) of the Code w1th respect to the
Participant under such Plans for the Limitation
Yeer.
V TRUST AND INVESTMENT OF ACCOUNTS
5.01
5.02
Trust. A Trust is hereby created to hold all of the assets of
the Plan for the exclusive benefit of Participants and
Beneficiaries, except that expenses and taxes may be paid from
the Trust as provided in Section 5.03. The Employer shall be the
trustee.
Investment Powers. The Employer or the Plan Administrator,
acting as age nt for the Employer, shall have the powers listed in
this Sect1.on 5.02 "'ith respect to investmen: of Trust. assetsd,
except to the exte n t that the investment of Trust assets is
controlled by Partl.cipants pursuant to Section 11.03 of the Plan.
(a) To invest and reinvest the Trust without distinction
between principal and income in any form of tangible or
inteng1ble property, real, personal, or mixed, and wherever
situated, including. but not by way of limitation, common or
preferred stocks, shares of regulated investment comp anies
and other mutual funds, bonds , loans, notes, debentures,
mortgageE, certificates of deposit, interest, or
participation, equipment trust certificates, co~~erc~al
paper intluding but not limited to participation in pooled
commerc1a t paper a ccounts, contracts with insurance
cornpan1es includ1ng but not limited to insurance, ind1v1dua •
or group a nnuity, deposit administration , and guaranteed
interest contracts, deposits at reasonable rates of i r.t t>re st.
at bank1ng institutions including but not limited to FaV1~9•
accou nts and cert1ficates of deposit, and other f o rms of
securit>es nr 1nvestments of any kind, class, or char,c t e r
whatsne ver an d representing interests in any f~rm of
enterprlbE>, "'he rever it may be located, organi 2ed or
operated withln or without the United States of Amer1c~.
whet her such 1nves~ments are income pr0duc1nq 0r not,
wlth{;·Ut tx>inq J 1m1ted 1n any respect by statute or cc-urt.
rule nr deCl!>l<'n ••f auy JUru;dlc:tic-n nc-w or hert!ofter n .
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ICMA R etirement co , porat1on
forcQ purporting to limit or Qthe rwise affect Luch
inve~tmQnts. A~SQts of the Trust may be invested in
securit1es vr new ventures that involve a higher degree of
risk than investments that have demonstrated their
investment performance over an extended period ~f time.
(bl To invest and reinvest all or any part of the assets of the
Trust in any common, collective or commingled trust fund
that is maintained by a bank or other institution and that
is available to employee plans qualified unde_r Section 401
of the Code. vr any successor pr~•visions thereto, and during
the period of time that an investment through any such
~~dium shall exist, to the extent ~f participation of the
Plan, the declaration of trust of such common, collective,
or comming l ed trust fund shall constitute a part ~f this
Plan.
(c) To invest and reinvest all or any part of the assets of the
Trust in any group annuity, deposit administration or
guaranteed interest contract issued by an insurance company
on a commingled or collective basis with the assets ~f any
other plan ~r trust qualified under Section 40l(al (241 of
the Code, and such contract may be held or issued in the
name of the Plan Administrator , or such cust odian as the
Plan Administrator may appoint, as agent and nl>minee for the
Employer. During the period that an investment through any
such contract shall exist, to the extent of participation of
the P lan. the terms and conditions of such contract shall
constitut e a part of the Plan.
(d) To purchase part i nterests in real property or in mortgages
on rea l property, wherever such real property may be
situated, and to delegate to a property manager or the
holder or holders of a majority interest in such real
pro perty or mortgage on real property the management and
operat1on of any part interest in such real prQpe rty or
mortgages.
(e) To hold cash awaiting investment and to keep such portion of
the Trust in cash or cash balances, without liability for
interest, in such a mounts as may from time t o time be deemed
t o be reasonable and necessary to meet obligations u nder t he
P l a n or oth rw1se to be in the best int erests of the Plan.
(fl T~ retain, manage , operate, administer, div ide, subdivide,
p a rt ition, mortgage, pledge, improve, alter, demolish,
r emodel, re pair, a nd develop in any manner any property,
real o r personal, held in the Tru s t, t o lea se such prope rty
f or a ny peri~d of time, a nd to grant options t o sell,
exchange, lea~e. or otherwise dispose cf a ny such property,
w1thout re •Jard to re st ri ct ions app licable to f1duciaries or
others and without the a pprova l of any court.
(g ) To s~ll t r ca s h or cred1t, r ~dee m, exchange for other
pr o perty. conv ~y. tran s fer, C.'r othe rw ise d1 spo!>e c•f o r y
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ICMA RetHement Corporat1on-
property held in the Trust in any manner and at any tim~. by
privat~ contract c-r at public auction or otherwise, and no
other person shall be bc-und to see to the application of the
purchase m(\ney or to inquire into the validity, expediency,
or prc-priety of any such sale c-r e-ther disposition.
(h) To enter into contracts for or tc-make commitments either
alone or in company with others to purchase c-r sell at any
future date any prc-perty acquired for the Trust.
(i) Tc-vote c-r to refrain from VC'ting any stocks," bC'nds, or
other securities held in the Trust. to exercise any C'ther
right appurtenant to any securities or other property held
in the Trust, to give general or special proxies or pC'wers
of attorney with or without power of substitution with
respect to such securities and e-ther property, tc-exercise
any conversion priviledges, subscr1pt1on rights, or other
options or priviledges with respect to such securities and
other property and make any payments incidental thereto, and
generally to exercise, personally C'r by general or limited
power of attorney, any of the powers of an owner with
respect to stocks. bonds, securities, c-r other property held
in the Trust at any time.
(j) To oppose or cc-nsent to and participate in any organization,
reorganization, consolidation, merger, combination,
read justment of finances, or similar arrangement with
respect to any c o rpo ration, CC'mpany C'r association, any of
t he ~ecuri ties of which are held in the Trust, to do any
act wit h reference th~reto, including the exercise of
options. the making of agreements or subscriptions and the
payment of expenses, assessments. or subscriptions that may
be deemed necessary or advisable in connection therewith,
and to accept, hold, and retain any securities or other
property that may be so acquired.
(k) To de posit any property held in the Trust with any
protect1ve, reorganization, or similar comm1ttee, and to
delegate discretionary power theretC' and to pay and agree to
pay par t of its expenses and compensation and any
asses sme nts levied with respect to any such pro perty so
deposited .
(1) TC' hold, tC' authorize the holding of, and t o register any
i nve stment to the Trust in the name of the Plan, the
Empl oyer, or any nominee or agent of any of the foreg o ing,
incl u ding the Plan Admini s trator, or in bearer form, to
depoEit o r arrange for the deposit of securities in a
q uali f ied centra l depository even though, when so depo sited,
such r.ecurities may be merged ·and held in bulk in the nam~
of the n om inee of such depository with other securities
d eposi t ed thc re1n by any other person, and to organize
corpora 1 ons or trust~ under the laws of a ny J ur1sdict1on
f <•r the purp<•b'! ~·f acqu 1r1n'l <•r hC'ld1nq t1tle to a ny
pr n p<·rt l f o r thP Trust, all w1th ~·r Wlthout the addit1 on c-f
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----------------------------ICMA Retirement Cor 1>or att n-
5.03
words or other action to indicate that prop •rty is held i n a
fiduciary or representative capacity, but the bot•ks and
records of the Plan shall at all times show that all such
investments are part of the Trust.
(ml Upon such terms as may be deemed advisable by the £mployer
or the Plan Administrator, as the case may be, for the
protection of the interests of the Plan or for the
preservation of the value of an investment, to ex~rcise and
enforce by suit for legal or equitable remedies or by other
action, or to waive any right or claim on bP.half of the Plan
or any default in any obligation owing to the Plan, to
renew. extend the time to payment of, agree to a reduction
in the rate of interest on, or agree to any other
modif ication or change in the terms of any obligation owing
to the Plan, to settle, compromise, adjust, or submit to
arbitration any claim or right in favor of or against the
Plan, to exercise and enforce any and all rights of
foreclosure, bid for property in foreclosure, and take a
deed in lieu of foreclosure with or without paying
considera tion therefor, the commence or defend suits or
other legal proceedings whenever any interest of the Plan
req u1res it, and to represent the Plan in all suits o r legal
proceedings in any court of law or equity or before a ny body or tribunal.
Cnl To e mploy suitable consultants, depositories, agents, u nd
legal coun sel on behalf of the Plan.
Col To make , e x ecute , acknowledge, and deliver a ny and all
de e ds, leases, mortgage s, conveyances, contracts, waivP.rs,
releases, or other instruments in writing necessary or
proper for the accomplishment of any of the foregoing
powers.
(pi To open and ma int ain any bank account or accounts in the
name of the Plan, the Employer, or any nom inee or agent of
the foregoing, including the Plan Administrator, in any bank
or banks.
(ql To do any a nd all other acts that may be deemed necessary to
carry out an y of the powers set forth herein, provided that all
auc h investments comply w1th the requirements of C.R.S . 31-30-
l012(5)(supp. 19831.
Taxes a nd Expenses. All taxes of any a nd al l k inds whats oe ver
that may be levied or a ssessed under ex~sting or future laws upon ,
or ~n r espect to the Trust, or the income thereof, a nd al l
commis 1 on or acquis1tions or dispositions of securities and
similar expe nses o f investment and rei nves tment of the Trust,
sha ll b¥ pa1d fr om the Trust. Such rea s0n a ble compensat1 on of
the P l a n Admln i s trat or, a s may bP agreed upon from time ~o time
b y th• Emp luyPr a nd the Plan Ad mlnistrator, and reimburs~ment f or
reasonable e xpen &es inc urred by the Pla n Administrat o r ir
perf ormun c-" o t ltb dut i '-'1> hereuroder (inc luding but nt•t 1 mited t r
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5.04
5.05
5.06
5.07
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ICMA Relirem enr Corporalum-
fees fe-r legal, acct•unting, investment and custodial services;)
5hall also b~ paid frc-m the Trust.
Payment of Benefits . The payment of benefits; from the Trust in
accordance with the term~; of the Plan may be made by the Plan
Administrator, or by any custodian or othf!r person so euthorized
by the Employer to make &uch disbursement. The Plan
Administrator, CU&todian or other per~;on shall not be liable with
re&pect to any di&tribution of Trust a&sets made at the direction of the Employer.
Inve&tment Funds. In accordance with rules establi&hed by the
Employer and the Plan Administrator, the Participant may direct
his/her accounts to be invested in one c-r more inve&tment funds; ava~lable under the Plan, provided, however, that the
Participant's investment directions shall ne-t violate any
investment restrictions specified in the Adoption Agreement.
Valuation of Accounts. As; of each Accounting Date, the Trust
assets held in each investment fund offered shall be valued at
fair market value and the investment income and gains or losses
for each fund shall be determined. Such investment income and
gains or losses for each fund &hall be allocated proportionately
among all account balances on a fund-by-fund ba&is. The
allocation &hall be in the proportion that each such account
balance as of the immediately prec~ding Accounting Date bears tc-
the total of all &uch account balances, less amounts held in
Participant Loan Accounts, as of that Accounting Date. For
purpose s of this Article, all account balances include Iii the
account balances of all Participants and Beneficiaries and (iii the Suspens Account.
Participant Loan Accounts. Participant Loan Accounts &hall be
invested in accordance with Section 11.03 of the Plan. Such
accounts &hall ne-t share in any investment income and gains or
lo&se& of the investment funds described in Section 5.05 of the Plan.
VI VESTING
6.01
6.02
6.03
Vesting Schedule. A Participant shall have a Nonforfeitable
Interest in tne percentage c-f his/her £mployPr Contribution
Account determtne~ pur&uant to the Schedule elected in the
Adoptton Agreement.
Service After Break in Service. If a Participant (whether or not
a Re-~mployed Indivlduall resume& employment after a Break 1n
Servi•:e. any ubsequent Per1c>d of Service shall be disregarded in
determtntng the Nontorfeltable Interest 1n his/her Employer
Contribution Accc>unt accrued prior to &uch Break in Serv1ce.
Prior Service of Re-employed Individual. It a Participant i& a
Re-£m plc>yed IndlVldual, the Period of Service prior to his/her
sepftration trc•m "erv1cf! "hall be aggregate d in determining the Nt•ntorf~ital.JlP Interest ill his/hl!r tmployer C'ontributH>n Ac cc>unt
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6.04
6.05
6.06
6.07
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ICMA Ret~rcment Corporation-
a~crued after his /he r re -employment.
llpon Norm,.l Retirement Age. Notwithstanding Secti~·n 6.01 of the
Plan, a Participant shall have a Nonforfeitable Interest in
hlS/her entire Employer Contribution Account. which has not been
previously forfeited pursuant to Section 6.06 of the P~an, if
he/she is employed on or after his/her Normal Retirement Age.
No forfeiture shall arise thereafter under Section 6.06 of the Plan.
Upon Death or Disability. Notwithstanding Section 6.01 of the
Plan , in the ev~nt of Disability or death, a Participant shall
have a Nonh,rfeitable Interest in his/her entire EmplO}'er
Contribution Account which has not been forfeited previously
pursuant to Section 6.06 of the Plan.
Forfeitures. Except as provided in Sections 6.04 and 6.05 of the
Plan, a Participant who separates from service prior to obtaining
full vesting shall forfeit that percentage of his/her Employer
Contribution Account balance which has not vested as of the date
such Participant receives distribution of the entire
Nonforfeitable Interest in his/her Employer Contribution Account
pursuant to an election under Sections 8.02 and 8.03 of the Plan.
Such forfeitures shall be allocated in the manner described in
Section 4.02 of the Plan.
Reinstatement of Forfeitures. If the Participant returns to the
employme nt of the Employer before incurring a Break in Service,
any amounts fortelted pursuant to Section 6.06 of the Plan shall
be reinstated to the Pa rti cipant 's Employer Contribution Account
within a reasonable time after repayment by the Participant of
the amount of the distribution. Such repayment must be made
before the earlier of:
(a) The date two years after the date of resumption of
employl'lent, or
(b) The conclusion of a Break in Service after such resumption
of employment.
VII BENEFITS CLAIM
7.01
7.02
Claim of Benef1ts. A Participant, Employee or Benetic1ary shall
notify the Plan Administrator in writing of a claim of bene fits
under the Plan. The Plan Administrator shall take such steps as
may be necessary tn facilitate the payment of such benefits to
the Parti cipant , Employee o r Beneficiary.
Appeal Procedure. If any claim for benefits is denied by tte
Plan Administrator, the Plan Administrator shall notify the
claimant in wr1t1ng of such denial, stating forth the spec1fic
reasons and ci tin q reference to specific provisions of the Plan
upon which th dt>nial is bas.-d. An •ppeal period of shty (60)
day b after TP r e1pt u t the nutificat1on of denial s ha ll be
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tCMA Rc!lrcme ·1t Corporatron-
granted, and ~a i d notification ~hall adv1~e the cla1mant o( the
appeal procedure. The claimant may file the appeal with the
Employer, who&e decision shall be final, to the extent allowed by the law,
VIII COMMENCEMENT OF BENEFITS
9.01
8.02
8.0)
9.04
Normal Commencement of Benefits. The distribution of a
Participant 's a ccounts shall commence sixty (601 days after the
close of the Plan Year during which one of the following events
o ccur s, whiche v er is l a ter:
(a) The Participant obtains age 65 or Normal Retirement ~ge,
whichever is earlier, or
(b) The Participant separates from service.
Notwithstanding the foregoing, the Participant may elect, at any
time prior to the commencement of distribution described this
Section 8.01, to have distributions commence provided in Section 8.02 of the Plan.
Elective Commencement of Benefits. Notwithstanding Section 8.01
of the Plan, a Participant who retires, becomes Disabled or
separates from service for any other reason may elect by written
notice to the Plan Administrator to have the distribution of
benefits commence on a date earlier or later than that described
in Section 8.01 of the Plan, provided that such earlier
distribution corr.plies with the age restrictions, if any,
specified in the Adoption Agreement. The Employer shall place no
restri c tions on benefits payable upon attainment of Normal
Retirement Age, Disability or death. A Participant's election
shall be revocable and may be amended by the Participant.
Rollover to Another Plan. Notwithstanding Section 8.02 of the
Plan, any Participant who terminates employment and subsequently
becomes employed with another unit of state or local government,
or an agency or instrumentality of one or more states or local
governments, shall be entitled to receive a distribution of the
Nonforfeitable Interest in all of his/her accounts for purposes
of making a rollover contribution, to the maximum extent
permitted under the Code, to the new Employer's plan, provided
that the new Employer certifies to the Plan Administrator that
its plan provides for the acceptance of a "qualifying rollover distribution."
I.atest Commencement of Benefits. Notwithstanding Section 9.02 of
the Plan, the d1stribut1on of a Participant's account must
commer.ce not later than the end of 11 the taxable year in which
the Participant attains age 70 l/2, or 2l if later, the year in
which t he Participant actually retires.
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8.05
8.06
8.07
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ICMA Acl~rem ·~nt Co r .1orat!on-
De Minimus Accounts. Notwithstanding the foregoing in this
Article VIJI, a Participant who incurs a Break in Service and who
has a combined balance of less than $5,000 in all of his/her
acco unts, shall be paid his/her lump sum value within 60 days
after the Break in service, ·
Withdrawal of Voluntary Contributions. A Participant may upon
written request withdraw a part of or the full amount of his/her
Voluntary Contribution Account. Such withdrawals may be made at
any time, provided that no more tha n two such withdrawals may be
made during any Plan Year.
Withdrawal of Deductible Employee Contributions. A Participant
may upon written request withdraw a part of or the full amount of
his/her Deductible Employee Contribution Account, Participants
will incur a penalty tax f o r premature distribution if a
withdrawal occurs prior to Disability, death or attainment of age 59 l/2.
IX DEATH BENEFITS
9.01
9.02
Pre-retirement Death Benefits. Should the Participant die before
benefits have comme nced, a Beneficiary other than the
Participant 's surviv ing spou se or a Qualified Beneficiary, must
receive pay ment of the Participant's entire Account balances
within five years of the Participant's death. If benefits are
payable t o a surviving spouse on account of the Participant's
death, an d t he surv1ving spou se dies before benefits have
commenced. a Beneficiary other t han a Qualified Beneficiary must
re ceive payment of the Participant 's entire Account balances
within f1ve years of the survivi ng spouse's death . Unless the
Beneficiary elects otherwise, prior to the time distribution is
to be made, the Participant's entire Account bala n ces shall be
paid in a lump sum on the last day of the fifty-ninth month after
the de ath of the Participant or surviving spouse, whi chever is
applicable .
Post-retirement Death Benefits. Should the Partic ipant die after
he/she has begun recei ving benefit payments , a Benefic i ary oth er
than the Participant's surviving spouse or a Qualified
Beneficiary shall receive the remaining Participant's accoun t
balances, if any is payable, within five years of the
Participant's death. If benefits have commanced to a surviving
spouse on account of the Participa nt's death, a Beneficiary other
than a Qualified Benef1ciary shall rece ive the remaining
Participant's account balance, if any is payable, wit hin five
years of the surviv1ng spouse's death. Notwithstanding the
foregoing, such Beneficiary may ele ct to cont1nue the payment
schedule if payment has commenced t~ the Participant (or his/her
surviving &pouse, 1! applicable) under a period certain not
extend1ng beyond l) the life expec tancy of the Participant, 2)
the j o int life expe c tancy of the Participant an d hls/her spouse,
1t marrie d, or 31 the life expectancy of the surviv1ng spouse, if
a pplicable .
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---·--------------------------------------------------ICMA Rel~rement Corporation
X
9.03
9.04
Qualified BE>neficiary . Wht>tlaer banPfit pa ym ents have commenc< d
or not, if a Qualiflarl Dr·neficiary commences to receive
distribution within one Y"ar of the death of the Participant ~·r
the Particlpant•s &urv 1 vinq spouse, if applicable, the
distribution ~Y be made over a period which ia not longer than the greater of:
Ia) Five years atter the death of the Participant or his/her
survivlng s~•uLe, if applicable. or
(b) The life ~xr~ctancy of an individual with an age equal to
the age of tha Participant or his/her surviving spouse, if
applicable. at the time l•f death.
No twithstanding the foregoing, a Qualified Beneficiary who is
under the age of 22 at the time of the death of the Participant
or his/her surviving spouse, if applicable, need not commence
distribution prior t o attainment of age 22. Further. if the
Qualified Beneficiary is permanently and totally Disabled,
distribution may be made over a period which ia not longer than
the greater of ll the period described in subsections (a) and (b)
of this Sect1on 9.03 or 21 the life expectancy of the Beneficiary.
If the distribution does not commence within one year of the
death of the Participant or his/her surviving spouse, if
applicable l o r in the case of the Qualified Beneficiary under age
22, within one year of his/her attainment of age 22), then the
distribuiton shall be made within five years of the death of the
Participant or his/her surviving spouse. if appli c able lor in the
case of a Qualified Beneficiary under age 22. within five years of his/her attainment of age 22).
Unless the Beneficiary elect& otherwise, such distribution shall
be made in a lump sum on the last day of the calendar mo nth
immediately preceding the required distribution date. This
Section 9.03 shall be inapplicable unless Section 4 0l(a) (9) of
the Code is amended t o permit the provisions set forth herein.
Unless and until such amendments are made, Section 9.01 an d 9.02
of the Plan shall a pply a s if no Beneficiary were a Qualifled Beneficiary.
Surviving Spouse. A surv1v1ng spouse of a Participant ma y elect
to commence benefits as provided in Article VIII, a s thoug h
he/she were the Participant, and may elect to have benefits
distributed in any manner provided for in Article X. For
purpose s of this Section 9.04, a surv1v1ng spouse 1s a
Beneficiary who wa s married to the Participant on t he date of t he Participant's death.
MO DES OF DISTRIB UT I ON Or BENEFITS
10.01 No rmal Mod e of Distr1but1on. A Participant wh o is entitled t o a
di strlbUl1on pursuant t o SPctions 8.01 or 8.02 o! the Plan or wl .t•
is requ1red t o rt"cE-ive distr1butioro pursuant t o Sectlofl 8.04 o f
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ICMA Relrrement Corporal ron
the Plan, shall receive appr ox imately equal payments over the
life expec tancy of the Partic1pant, ~r if married at the ti~ the distributi~n commences, then ~ver the joint life expectancy of
the Participant a nd his/her spouse. Notwith&tanding the
foregoing, the Participan t may elect an alternate mode of
distribution as provided in Section 10.02 of the Plan. ,
Elective Mode of Distribution. A Participant may revocably elect
to have his/her accounts distributed in any one of the following modes:
Cal Equal Payments. Equal monthly, quarterly, semi-annual. or
annual payments in an amount chosen by the Participant
continuing until the accounts are exhausted.
(bl Lump Sum. A lump sum payment.
(c) Period Certain. Approximately equal monthly, quarterly,
semi-annual, ~r annual payments, calculated to continue for
a period certain chosen by the Participant.
(d) Retirement Annuity. A part of or the entire account
balances applied to purchase a single premium annuity
contract which shall be distributed to the Participant. A
joint and survivQr annuity shall be one of the annuity
opti o ns provided under any such contract.
(e) Other. Any other sequence of payments requested by the
Participant and agreed to by the Plan Administrator.
10.03 Qualified Joint and Survivor Annuity Contract.
(a) If a Participant who has an eligible spouse requests a
distribution under the Plan in the form of a life annuity
contract on or after the first da y of the month in whic h
he/she attains age 55, then such contract shall be a
Qualif i ed Joint and Survivor Annuity contract.
(b) A Participant may elect , at any time prior to the
commencement of distributions under the Plan, not to have
the provisions of subsection Cal of this Section 10,03
a pply. Su:h an election must be made in writing a nd filed
with the Employer. The Employer shall provide tha
Participant at least 123 months prior to his/her attainment
of Normal Retirement Age or, if later, on or about the date
he/she becomes a Participant in the Plan, with a written
notification, in nontechnic al terms, genera lly explaining
the terms and conditions of the Qualified Joint and Survivor
Ann uity contract, the availability of the election, and the
financial effect of an election, with further details
a vailable upon wr it te n request. The notificiation ~ay be
91VPn by post1ng a general not ice. ThP Parti~ipant shall
have at least 90 days after receiving the written
explanati u n in which to make an election or reque&t furth r
detailb, and, if further det a ils are requested, he/she shall
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--------------------ICMA Retirement Corporat1on-,.
have en eclditionel 90 days after such details er~ pr~vided
in which to make an electi~n.
An election described above may be revoked in writing by a
Participant at any tim. prior to the commencement of
distributions under the Plan. After such en elec~lon is
revoked, another election may be ~ede at any ti-. prior to
the commencement of benefits.
(c) Notwithstanding the foregoing provisions, a Qualified Joint
and Surviv~r Annuity contract may provide that a aurviving
SpOuse to whom annuity benefits are otherwise payable under
subsection (a) of this Section 10.03 may elect to have
benefits paid in any other form permitted under Section
10.02 of the Plan. At the written request of such a
surviving spouse, the Employer will furnish such spouse,
within a reasonable time after the request, with a written
explanation, in nontechnical language, of tho survivor
annuity and any other form of payment that may be selected.
This explanation will state the financial effect of each form of payment.
10.04 £lecti~n of Mode. A Participant's election of a payment option
must be made at least 30 days before the payment of benefits is to commence.
lO.p5 Limitation on Participant. Upon attainment of age 70 1/2, the
payment option chosen by the Participant must provide for
payments over a period not longer than the life or life
expectancy of the Participant, or, in case the Participant is
married, then over the joint lives or life expectancy of the
Participant and his/her spouse.
XI LOANS TO PARTICPANTS
11.01 Availability of Loans to Participants.
(a) If the Employer has elected in the Adoption Agreement to
make loans available to Participant, a Participant may apply
for a loan from the Plan subj~ct to the limitations and
other provisions of this Article XI.
(b) The Employer shall establish written guidelines governing
the grent~ng ~f loans, provided that such guidelines are
approved by the Plan Administrator and are n~t inconsistent
with the provisions of this Article XI, and that loans are
made ava~lable to all Participants on a rea sonably
equivalent basis.
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ICMA Relir£·menr Co, pora ton-·
11.02 Terms and Ct>nd~tions of Loans tt• Participants. Any loan by the
Plan to a Participant under Section 11.01 of the Plan shall
satisfy the folh•wl.ng requirements 1
(a) ADount of Loan. At the time the loan ia made, the pricipal
amount ot the loan plus the c>utatanding balance (principal
plus accrued interest) due on any other outstanding loans to
the Participant from the Plan and from any other plans of
the Employer that are qualified under Section 40l(a) of the
Code shall not exceed the least of (1) $50,000, or 121 the
greater of (i) $10,000 or Iii) one-half of the value of the
Participant's Nonf<:>rfeitable Interest in all of hi&/her
accounts under this Plan except his/her Deductible ~ployee
Account. or ()) the value of the Partiicpant's
Nonforfeitable Interest in his/her Employer Contribution,
Participant Contribution, and Portable Benefits accounts.
(b) Application for Loan. The Participant must give the
Employer adequate written notice, as determined by the
Employer, of the amount and desired time for receiving a
loan. No more than one loan may be made by the Plan to a
Participant in any Plan Year. No loan shall be approv~d if
an existing loan from the Plan to the Participant is in d~fault to any extent.
(c) Length of Loan. The Participant shall be required to repay
the loan in approximately equal installments of principal
and interest over a period that does not exceed five years;
provided, however, that if the proceeds of the loan are
applied by the Participant to acquire, construct,
reconstruct, or substantially rehabilitate any dwelling unit
that is to be used within a reasonable time after the loan
is made as the principal residence of the Participant or of
a member of his/her family, the five year limit ahall not
apply. In this event, the period of repayment shall not
exceed a reasonable period determined by the Employer.
Principal installments and interest payments otherwise due
may be suspended during an authorized leave of absence, if
the promissory note ao provides, but not beyond the original
term permitted under this subsection (c), with a revised
payment schedule (within such term) instituted at the end of
such period of suspension.
(d) Acceleration. The maturity of the loan shall be
accelerated, and the principal amount of the loan, together
with all accrued interest, shall immediately become due,
when the Participant either Ill receives a distribution from
his Employer Contribution Account, Participant Contribution
Account, or Portable Benefits Account; or (2) incurs a Break in Service.
(el Prepayment. Th Participant &hall be per"Tiitted to repa y the
loan 1n wh o lP ~r in part at any time prior to matur1ty.
wltho u t pe11alty.
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ICMA Retuement Corporat1::>n -.
(f) Note. The loan shall be evidenced by a promissory note
executed by the Participant and delivered to the Employer,
and shall bear interest at a reason~ble rate determined by the Employer.
(g) Security. The loan shall be secured by an assign~nt of the
Participant's right, title and interest in and to his/her
Employer Contribution Account, to the extert vested,
Participant Contribution Account, and Portable 8enefi~s Account.
(hl Default. In the event that a loan .. de to a Participant is ~n default and the Employer determines that it is necessary
for a distribution to be made under the Plan in order to
cure such default, the Employer, with notice to the
Participant, shall cause a distribution to be made on behalf
of the Participant under the Plan, which shall be applied by
the Employer to the unpaid balance of the loan, includinq
accrued interest. Such distribution shall be charged
against the Participant's Voluntary Contribution Account,
his/her Participant Contribution Account, his/her Portable
Benefits Account, and his/her Nonforfeitable Interest in
his/her Employer Contribution Account, following separation
from service. in that order of priority.
(i) Other Terms and Conditions. The Employer shall fix such
other terms and conditions of the loan as it deems necessary
to comply with legal requirements, to maintain the
qualification of the Plan and Trust under Section 40l(a) of
the Code, or to prevent the treatment of the loan for tax
purposes as a distribution to the Participant. The
Employer, in its discretion for any reason, may fix other
terms and conditions of the loan, not inconsistent with the
provision of this Article XI.
11.03 Participant Loan Accounts
(a) Upon approval of a loan to a Participant by the Employer, a n
amount not in excess of the loan shall be transferred from
the Participant's Other investment fund(s), described in
Section 5.05 of the Plan, to the Participant's Loan Account
as of the Accounting Date immediately preceding the agreed
upon date on which the loan ~s to be made.
(b) The assets of a Participant's Loan Account may be invested
and re1nvested only in promissory notes received by the Pla r
from the Participant as consideration for a loan permitte d
by Section 11.01 of the Plan or in cash. Uninvested cash
balances in a Participant's Loan Account shall not bear
interest. No person who is otherwise a fiduciary of the
Plan shall be liable for any loss, or by reason of •nr
breach, that result s from the Part1c~pant's exercise of such cClntrol.
(c) Repaymt>nt of pnncipal and paym~nt of 1nterest shall bt> n''"''
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ICMA Rc tucrnent Corporation
by payroll deduction and shell be invested in one or more
other investment funds, in ecct>rdance with Sectic-n 5.05 of
the Plan, as c-f the next Accounting Oete after payment
thereof to the Trust. The amount so invested shell be
deducted from the Participant'• Loan Account.
The Employer shell have the authority to establish other
reasonable rules, ne-t inconsistent with the provisions of
the Plan, governing the establishment and maintenance of
Participant Loan Accounts.
XII PLAN AMENO~ENT, TERMINATION AND OPTIONAL PROVISIONS
12.01 Amendment by Employer. The Employer reserves the right, subject
to Section 12.02 of the Plan. and subject to approval by 65\ of
all Participants, to amend the Plan from time to time by either:
ll Filing an amended Adoption Agreement with the ICMA
Retirement Corporation to change any provision previously elected by it, or
2) Continuing the Plan in the form of an amended and restated
Plan end Trust in any manner it cc-nsiders appropriate.
However, Participant account balances shall not be
transferred to such amended and restated trust until the
Employer certifies to the Plan Administrator that the
amended and restated Plan and Trust cc-ntinues to meet the
requirements of a qualified plan under the Code.
12.02 Amendment to Vesting Schedule. If the Employer, upon approval by
65\ of all participants. amends the vesting schedule, any
Participant may within 60 days after the amendment effective date
or the date of written notification of the Plan amendment,
whichever is later, elect to have hia/her Nonforfeitable Interest
computed without regard to such amendment. If auch election is
made, the vesting schedule on future cc-ntributions shall also be
computed without regard to such amendment. In any case, such
ame ndment shall not reduce the Nonforfeitable Interest of any
Partic1pant accrued as of the date of the amendme nt or the
effective date of the amendment, whichever is later.
12.03 Termination by Employer. The Employer may not term1nate this Plan.
12.04 Discontinuance of Contributions. A permanent discont1nuance of
contributions to the Plan by the Employer, unless en amended and
restated Plan is established, shall constitute a Plan
termination, and is prohibited by Section 12.03 of this Plan.
12.05 Amendment by ICMA Retirement Corporatic-n. The ICMA Retirement
Corporation may not amend this Plan.
12.06 Optional Provisions. Any provision which is optional under this
Plan ~hall bt!come effective if and c-nly if jointly agreed to by
the J:mrlt•yPr and the ICMA F<etirement Corporation.
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ICMA Reliremem Corporalu>n --·
XIII ADHINJSTRATJON
13.01 Powers of the Employer. The employer shall have the following
powers and duties:
ll To appoint and remove, with or without cauae, the Plan
Admi nistrator,
21 To •~end or terminate the Plan purauant to the proviaions of Article XII1
3) To appoint a committee to facilitate administration of the
Plan and communications to Participants,
41 To decide ell questiona of eliqibility 11 for Plan
participation end 21 upon appeal by any Participant,
Employee, or Beneficiary, for the payment of benefita
1
51 To engage an independent qualified public accountant, when
required to do so by law. to prepare annually the audited
financial statements of the Plan's operations,
61 To ta ke ell actions end to communicate to the Plan
Ad ministrator in writing ell necessary information to carry
out the terms of the Plan and Trust; and
7) To notify the Plan Administrator in writing of the
term ination of the Plan.
13.02 Duties of the Plan Administrator. The Plan Administrator shall
have the fo llowing powers end dutiea:
l l To construe and interpret the provision• of the Plan,
21 To maintain and provide auch reporta, achedules,
descriptions, and individual account statements as ere
required by law, end to furnish to the Employer, upon
request, copies of a ny or all auch materials , and further,
to make copiea of auch instruments, reporta, descriptions,
end statements as are required by l aw avai l ab le for
exem~nation by Participants and such of their Beneficiaries
who ere or may be entitled to benefits under the Pla n in
such places end in such manner as required by lew.
3) To obtain from the Employer such information as shall be
necessary for the proper adm inistration of the Plan,
4)
51
To determine the am ount, manner, and time of payment of
benefits hereunder;
To a ppoint and retain such aqents, counael, a nd accountants
for the purpose of properly admin istering the Plan,
61 To distribute the ••~~ts of the Trust pursuant to Sect1on
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. ,__ ____________________ ICMA Retnement Corporation-
5.03 of the Plan 1 and
71 Tt• pay expense& from the Trust pursuant to Secticm 5.03 of
the Plan; and
Bl To do such other acta reasonably required to adminiater the
Plan in accordance wit~ its proviaiona or aa May ~ provided
for or required by law.
13.03 Protection of the Employer. The Employer ahall not be liable for
the act& or omission• of the Plan Administrator, but only to the
extent that such acta or omission• do ne>t reault fre>m the
Employer's failure to provide accurate or timely information as
required e>r necessary for proper administration of the Plan.
13.04 Protection of the Plan Administrator. The Plan Administrator may
rely upon any certificate, notice or direction purporting to have
been signed on behalf of the Employer which the Plan
Administrator believes to have been signed by a duly designated
official of the Employer.
13.05 Resignation or Removal of Plan Administrator. The Plan
Administratt•r may resign at any t1me effective upon sixty 160)
days prior written ne>tice to the Employer. The Plan
Administrator may be removed by the Employer at any time upon
sixty (60) days prior written notice to the Plan Administrator.
Upon the resignation or removal of the Plan Admini&trator, the
Employer may, if it so elects, appoint a &uccessor Plan
Administrator having &uch powers and duties as may be agreed upon
by the Employer and any such Plan Administrator; otherwiae, the
Employer shall assume the powes and duties of the former Plan
Admnistrator any any Trust assets formerly invested by or held in
the name of the Plan Administrator shall be returned to the
Employer in cash or property, at fair market value, except that
the return of Trust assets invested in a contract issued by an
insurance company shall be governed by the terms of that
contract.
13.06 No Termination Penalty. The Plan Administrator shall have no
authority or discretion to impose any termination penalty upon
its removal.
XIV MISCELLANEOUS
14.01 Nonguarantee of Employment. Nothing contained in this Plan shall
be construed as a contract of employment between the Employer and
an y Employee, or as a right of any Employee to be continued in
the employment of the Employer, as a limitation of the right of
the Emp loyer te> discharge any of its Employees, with or without
cause.
14.02 Rig hts to Trust Assets. No Employee or Beneficiary shall have
any r1ght te>, or interest in, any assets of the Trust upon
termination of hib/her employm~nt or otherwise, except as
providt>d fr om time tr> t1me under this Plan, and then only tt• t h e
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tCMA Retirement Corporat1on
extent of the benefits payable under th~ Plan to such Employee or
Beneficiary out of the as&ets of the Trust. All payments of
benefits as provided for in this Plan shall be ~ad~ solely out of
the assets of the Trust and none of the fiduciaries shall be
liable therefor in any manner.
14.03 Nonalienation o·f Benefits. Except as provided in Section B.Ol of
the Plan, benefits payable under this Plan shall not be subject
in any manner to anticipation, alienation, sale, transfer,
assignment, pledge, encumbrance, charge, garnishment, execution,
or levy of any kind, either voluntary or involuntary, prior to
actually being received by the person entitled to the benefit
under the terms of the Plan, and any attempt to anticipate,
alienate, sell, transfer, assign, pledge, encumber, charge or
otherwise dispose of any right to benefits payable hereunder,
shall be void. The Trust shall not in any manner be liable for,
or subject to, the debts, contracts, liabilities, engagements or
torts of any person entitled to benefits hereunder.
Notwithstanding the above, amounts may be paid from a
Participant's accounts pursuant to a court order requiring
deductions from a Participant's benefit payments hereunder, but
only if such deductions are for alimony or child support and only
if the Participant's benefit payments have commenced under the
terms of the Plan.
14.04 Nonforfeitability of Benefits. Subject only to the specific
provisions of this Plan, nothing shall be deemed to divest a
Participant of his/her right to the Nonforfeitable Interest to
which he/she becomes entitled in accordance with the provisions
of the Plan.
14.05 Incompetency of Payee. In the event any benefit is payable to a
minor or incompetent, to a person otherwise under legal
disability, or to a person who, in the sole judgement of the
Employer, is by reason of advanced age, illness, or other
physical or mental incapacity incapable of handling the
disposition of his/her propery, the Employer may apply the whole
or Any part of such benefit directly to the care, comfort,
maintenance, support, education, or use of such person or pay or
distribute the whole or any part of such benefit to:
(a ) The parent of such person;
(b ) The g uardian, committee, or other legal representative, or
other legal representative, wherever appointed, of such
person;
(c) The person with whom such person reside&,
(d) Any person having the care and control of such person, or
(e) Such perso n personally.
The recei p t of the person to whom any suc h payment or
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14.07
14.08
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ICMA Aeltrement Corporation
distribution is so made shall be full and complete discharqe
therefor.
Inability to Locate Payee. Anythinq to the contrary herein
notwithstendinq, if the Empl~yar is unable, after reasonable
effort, to locate any Participant or Beneficiary to wh~ an
amount is payable hereunder, such amount shell be forfeited end
held in the Trust for application aqeinst the next succeedinq '
Employer contribution or contributions required to be .ada
hereunder. Notwithstandinq the foraqoinq, however, auch amount
shell be reinstated, by means of an additional Employer
contribution, if and when a claim for the forfeited amount is
subsequently made by the Participant or Beneficiary or if the
Employer receives proot of death ~f such person, satisfactory to
the Employer. Any benefits lost by reason of escheat under
applicable state law shell be considered forfeited and shell not
be reinstated.
Herqers, Consolidations, and Transfers of Assets. The Plan ahall
not be merqed into or consolidated with any other plan.
Employer Records. Records of the Employer as to an Employee's or
Participant's Period of Service, termination of service and the
reason therefor. leaves of absence, reemployment, Earninq1 end
Compensation will be conclusive on all persons, unless determined
to be incorrect.
14.09 Commonly Controlled Employers. For all purposes of this Plan,
the term Employer shell include:
(e) All corporations that ere members of a controlled qroup of
corporations (within the meaninq of Code Saciotn 1563(a),
determined without reqard to Code Section 1563(a)(4) and
(el(3)(C)) that includes the Employer; and
(b) All trades or businesses (whether or not incorporated) that
are under common control (within the .eaninq of Coda Section
414(c)) with the Employer.
14.10 Gender And Number. The masculine pronoun. whenever used herein,
shall include the feminine pronoun, and the sinqular shell
include the plural. except where the context requires otherwise.
14.11 Applicable Lew. The Plan shall ba construed under the laws of
the State where the Employer is located and is established with
the intent that it meets the requirements as a Money Purchase
Plan under Section 40l(a) of the Code. The provisions of this
Plan shell be interpreted whenever possible in conformlty with
the requirements of the Code.
26
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AGREEMENT
THIS AGREEMENT is intended by the undersigned to be a
conlract binding on and inuring to the benefit of the parties
heret o, their members, employees, administrators, successors and
assi gns.
The parties are the City of Englewood (hereinafter "the
City"), by its Mayor and with the approval of the City Council, and
the Englewood Police Association ("the Association"), by its duly
elected and authorized representative.
This Agreement is effective upon the date of the last to
affix his or her signature hereon and is enforceable by civil
action for dec l aratory judgment, injunctive relief, and any and all
damag es and other relief of any kind available in the District
Court of the County of Arapahoe pursuant to the Colorado Revised
Statutes and the Colorado Rules of Civil Procedure. The contract
is therein enforceable and is b i nd i ng upon the parties during any
period after the effect i ve date, wh ich period does not v Lolate any
applicable rule against perpetu iti es.
The parties, in consideration of the mutual covenants and
stipulations set out herein, agree as follows:
Section I
The part i es have desired to withdraw police officers of the
City of Englewo od hired after Apr il 8, 1978 from the F i re and
Police Pens ion Association (F PPA ) and to join them in a newly
established money purchase plan.
Sect ion II
The money purchase plan shall be the ICHA Retirement
Corporation Prototype Money Pur chase Plan and Trust (h ere inafter
"Plan and Trust"), and the par ties hereby agree to take all
necessary steps to establish s uch a plan.
Section III
The parties hereby agree and stipulate that the Englewood
Home Rule Char er conclusiv ely provides and sets forth that the
ICMA Retiremen t Corporation Money Purchase Plan and Trust i s state
regulated as that term is used in the Home Rule Charter , Section
137:5 .
Section IV
The parties hereby agree and stipulate that the Englewood
Home Rule Cha rter conclusively provides and sets forth that the
ICMA Retirement Corporation Mon ey Purchase Plan and TrJst is a
non-negoti1ble subject of collective bargaining.
EXHIBIT C
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Section V
The parties hereby waive all right, if any, pursuant to the
Englewood Home Rule Charter and/or Colorado Revised Statutes, to
make any claim or allegation to each other or in any forum
whatever that the Plan and Trust is a neaotiable subject of collective bargaining. ~
Section VI
The parties hereby contractually bind themselves and each
other and agree that, even to the extent that the Englewood Home
Rule Charter and/or Colorado Revised Statutes do not control or
have any effect, the Plan and Trust is a non-negotiable subject of collective bargaining.
Section VII
The parties hereby waive all right, if any, no matter how
created or based, to make any claim or allegation to each other
or in any forum whatever that the Plan and Trust is a negotiable subject of collective bargaining.
Section VIII
The parties expressly bind their members, employees and
governing bodies, representatives and officers to the terms of this agreement.
SO AGREED.
Englewood Police Association
By--------------~~~~~----Pres~dent
Date:
Ci ty of Englewood
By~~~~--~~--~~~-Eugene L. Ot~s, Mayor
Date:
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C 0 U N C I L C 0 M M U N I C A T I 0 N
DATE AGENDA ITEM SUBJECT
Novembe r 27 , 1985
INITIATED BY Department o f Community DeyeJ o pmept
Is suance of lDB's f o r
Swedish Medical Center's
Medica] Office Buildin
ACTION PROPOSED _________ __:.fu.....,!>..,l..,i.~.c......,b.,;e..,a""r""i""no!ill_...o ... n__...t .. h.r;;e ........ i..::;s.;,.s.~o~u.oaao~.~n..~,;c.s;;e_...p.~..f-.~..l ... D,g_B_'::;.s-.~..f.~.~c.~..r_
Swedish Medical Office Building
BACKGROUND AND PURPO SE:
In th e last month, the City Council ap proved the bill and final ordinance on the
issuance of industrial devel o pment bond s for the Swedish medical office building.
The federal government requires that the City Council conduct a public hearing
prior to the c losing of the bonds. The hearing has traditionally been held con-
curre ntly with the second reading of the ordinance, but in this case, the publica-
tion requirements have not allowed this t o occur if the bonds are to close befo re
the end of 1985. Therefore , a Public Hearing will be held on Decemb e r 2 , even
th o ugh the o rdinance has already been approved by Council . This pro cedu re is
acceptable t o the bond counsel.
RECOMMENDATION:
It is recommended that the Council conduct a Public Hearing on the issuance of !DB 's
for th e Swedish Medical Office Building. No vote will be taken following the hearing.
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C 0 U N C I L C 0 M M U N I C A T I 0 N
DATE Nov. 16, 1985 AGENDA ITEM
1 "
SUBJECT Change Go 1 f Tournament Fees to
reflect increase in green fees as approved
h~ r:·~ r:nunrll ln Da•~lutlnn Nn ~8
INITIATED BY Englew 00 d Parks and Recreation Department
ACTION PROPOSED Change weekend go 1f tournament fees from $22.00 to $23.50 and
weekday tournament fees from $18.00 to $19.50.
Background
City Council, on October 31, 1985 through Resolution No. 38, increased green
fees and cart charges for the year 1986. The $1.50 Increase in green fees and cart
should have also been reflected In an increase of tournament fees.
Recommendation
That Tournament Fees for 1986 be changed to reflect the increase of green fees
and cart charges as adopted by City Council in Resolution No . 38.
Golf Tournament Fees
Weekend Tournament Weekda)! Tournament
18 hole Non-resident Green Fees 9.00 to 10.00 9.00 to 10.00
Cart Fees 6.50 to ].00 6.50 to ].00
Tournament Fee 2.50 2.50 0 0 '
Golf Merchandise 4 .00 4.00 22Q. ~ --
$22 .00 to $23.50 $18.00 to $19.50
Attached Is a summary of all Englewood Golf Course fees and charges for 1986
after the above changes in tournament fees have been approved.
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Englewood Municipal Golf Course
FEES AND CHARGES
1986
Annu al Membership Fees (available to residents only)
Resident Sr . Resident
150 .00 Weekday on 1 y
Seven day play
175.00
250.00
Seniors -Must be 62 yr. of age or older.
Not available
(this Is to encourage
sr . to play on weekdays)
Residents -Persons who reside In the corporate boundaries of the
cities of Englewood or Sheridan.
Da i 1 y Green Fees
9 Hole 18 Hole
Ca rt Fees
locker Fees
Res i dent Green Fees
Non-resident Green Fees
Sr. Resident Green Fees
Per Day
1.00
Per Month
].00
11:10 7 .50
6.00 10.00
3 .50 5.50
8 .00 11t.oo
Per Year
lt5 .00
Tournament Fees
Green Fees
Cart Fees
Tournament fees
Golf Kerch .
Weekends
10.00
].00 (;
2.50
lt .oo
23 .50
of llt.OO)
Weekday s
10 .00
].oo (i of llt.oo)
2.50
19.50
Note: Difference in charges for weekends and weekdays Is to
encourage tournaments to be held on weekdays.
Charges on tournaments will be made at non-resident rates.
Res i dents and those holding annual memberships must appl y
to the Golf Pro for rebates . Lower rates for week da y
tournaments are made to encourage tournaments to be held on
weekdays .
League Fees -$20.00 per person per league .
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. slde nt Junior Program:
$20 per mont~ for the months of June, July or August. $50 for the three .onth period of June through August.(Play restrleted to walk-on
. basis • 10:30 a-•· to 2:30 p.m. weekdays only. When aeeompanled by a parent. •
junior .ay play during all hours of operation .)
Resident Junior • a resident Who has not reaehed 18 years of age and has eompleted
a class In basle golf, fundamentals. golf regulations, and golf etiquette as provided
by the Recreation Department. This requirement ean be waived by the Golf Pro If,
In his opinion, after observation, the youth possess these fundamental skills and
training. In addition to the above Junior fee, a eharge of $.25 for each nl~e holes
played shall be paid on the day of play.
Pull Carts: 'Holes-75e; 18 Holes· $1.50-
Rental Clubs: ' Holes -$2.50; 18 Holes -$5.00.
Range Balls: Small bucket • $1.50; Large Bucket • $2.50.
Fee Reduction: When the golf course Is forced to use several temporary greens for a lengthy period
of time due to overuse, rehablllt~tlon, or repairs, a fee reduction will be made by ()
the Golf Pro . Residents will play at a senior fee rate and non-residents will play
at a resident fee rate.
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RESOLUTION NO • ._j -1
SERIES OF 1985 __ _
A RESOLUTION !!CREASING OOLF 'roURlW'lENI' FEES 'ro REFUX:T !!CREASE IN
GREEN FEES AS APPROVED BY RESOLUTION 00. 38, SERIES OF 1985.
WHEREAS, by Resolution No. 38, Series of 1985, City Council
approved a raise in green fees and cart fees for the F.nglewood Golf
Court; and
WHEREAS, the 1986 tournament fees should be changed to
reflect the increase of green fees and cart fees;
~. 'niEREFQRE, BE IT RESOLVED BY THE CITY COOICIL OF THE
CITY OF ENQ.DlOOD, COLORADO:
Section 1. 'ttlat golf tournament fees are hereby increased
as follows:
weekend Tournament Weekday Tournament
18-hole Non-Resident
Green Fee $9.00 to $10.00 $9.00 to $10.00
Cart Fees 6.50 to 7.00 6.50 to 7.00
Tournament Fee 2.50 2.50 0 0
Golf Merchandise 4.00 4.00 2.50 2.50
$22.00 $23.50 $18.00 $19.50
AOOPTED AND APPROVED this 2nd day of Decellber, 1985.
!»gene L. ot1s, Mayor
Attest:
ex officio City Clerk-Treasurer
I, Gary R. Higbee, ex officio City Clerk-Treasurer of the
City of F.nglewood, Colorado, hereby certify that the above and
foregoing is a true, accurate and canplete copy of Resolution
No. , Series of 1985.
Gary R. H1gbee
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C 0 U N C I L
DATE November 19, 1985
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C 0 M M U N I C A T I 0 N
AGENDA ITEM
1 1 9 SUBJECT New Policy for the Estab lishment
of Recreat ion Pr.ogram Fees.
INITIATED BY Englewood Parks and Recreation Commission
ACTION PROPOSED Base Recreation Program Fees on What Competition is Charging in
Addition to a Minimum Per Cent Recovery of Direct Program Costs,
Background
In 1979, City Council formerly adopted the pol icy that youth recreation program fees
would be based on recovering 25 % of direct program costs and adult recreatibn program
fees would be based on recovering 100 % of direct costs,
This pol icy brought forward criticism that many of our programs were being priced too
low in comparison to other cities and districts. A review was made in September of 1985
and it was found that many Englewood recreation programs were priced below market. The
Parks and Recreation Department and Commission recommended tha t these fees be raised.
Fee s were subsequent ly raised in these program areas so as to remain competitive and also to increase recreation revenues .
It has become clear that a pol icy change is needed, a change which would place considerabl
emphasis on kee ping abreast of th e competition, It is believed that such a pol icy will
produce add itional revenues, wh i le at the same time help keep program quality and e n roll -
ment high through responsibl e pricing.
Recommenda t ion
Recreation program fees will be competitively priced with what other agencies are charging
and also will be based on no fess than a minimum revenue recovery of 100 % adult and 35 % youth direct program costs .
Each year, in October, a survey of recreation program fees will be conducted. The purpose
of the survey will be to establish a high-low range of program fees in the metro area to
be used as a guide! ine to determine what is competitive in the market place.
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RESOWI'ION 00.~
SERIES CF 1985
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A RESOI:miON ESTABLISHING A IQLIC Y FOR DETERMINING IID:RFATION
PROGV\M FEES IN 'niE CITY OF ENGL&JOOO.
WHEREAS, City Council previously adopted the policy that
recreat ion program fees would be based on recovering 25% of d i rect
p r ogram cost s on yout h recreation program fees and on recover ing
100% of d i rect costs on adult recrea tion program fees; and
WHERFAS, this policy was criticized in that Englewood's
recreation program fees were priced below the market; and
WHERFAS, a po l icy c hange is needed to keep the City abreast
of the competition, to increase recreation revenues, and to keep
program quality and enrollment high through responsible pricing;
I«M, THF.REFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TH E
CITY OF ~000, COLORADO:
Section 1. '!hat recreation program fees shall be compe ti -
tively pr1ced w1th what other agencies are charging but with a
minimum recovery of 100% for adult direct program costs and 35 % for
youth direct program costs.
Section 2. 'Iba t each year in O:tober a survey of recre a tion
program fees shall be conducted in the metro area, the survey to be
used as a guideline to establish a h i gh-low range of recreat i on
program fees fo r the City o f Englewood Parks and !Ecr e a tion
Department .
ADOPI'ED AND APPROVED t hi s 2nd day of Decenber, 1985.
Attest : Eug e ne L. 0t1s, Mayo r
ex o fficio C1ty Clerk-Treasurer
I , Gary R. Higbee, ex officio City Clerk-Treasurer of the
Ci t y o f Eng lewood , Colorado, hereby certify that the above and
fo rego i ng is a true, accurate and canplete copy o f Resolution
No. __ , Series of 1985.
Gary R. Hlg bee I • •
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C 0 U N C I L C 0 M M U N I C A T I 0 N
DATE AGENDA ITEM SUBJE'CT Reso 1 uti on approving a lease/purchase
agreement with Jinco Leasing Corp. and authorize
City Manager to enter into the agreement. December 2, 1985 1 l r.
INITIATED BY Gacy Higbee Director of Finance ~
ACTION PROPOSED Passage of a resolution approving a lease/pyrchase agreement with
Jinco Leasing Corp. for the acquisition of egyiprnent and to authorize the Cjty Manager
__to_ entPr into _ihe ~£.hac::•
Reco11111endation:
Rec011111end City Council to pass a resolution approving a lease/purchase agreement
with Jinco Leasing Corp. for the acquisition of equipment for the City of Englewood
and to authorize the City Manager to enter into a 3-year lease/purchase agreement with Jinco Leasing Corp. •-Background:
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1984 -Contained in the 1984 Budget was an amount for the down payment on the new
pumper. City Council approved the purchase of a new fire pumper in Sept.,
1984 at a total cost of $143,760.00. The down payment ·of $35,000 was en-
cumbered wi th the balance of $108,760 to be financed in 1985 upon delivery of the unit.
1985 -In August, 1985, City Council accepted the low bid to finance the purchase
of the fire pumper from Jinco Leasing Corp. for a total amount of
$125,235.64 at 7.00 % interest over a 3-year period and authorized the City
r~anager to enter into a 3-year lease/purchase agreement with Jinco Leas i ng
Corp. The City has received delivery of the fire pumper and the passage
of the resolution is the final step in the approval of the lease/purchase agreement .
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RESOLUTION NO.~~q
SERIES OF 1985 ____ _
A RESOLUTION APPROVING A LEASE /PURCHASE AGREEMENT BETWEEN THE CITY OF
ENGLEWOOD AND JINCO LEASING CORP. FOR THE ACQUISITION OF FIRE FIGHT-
ING EQUIPMENT FOR THE CITY OF ENGLEWOOD.
WHEREAS, the City Council of the City of Englewood, Colorado,
has determined that a need exists for the acquisition of certain
fire fighting equipment, i.e., one Class A, 1250 CPM, single stage
tripl combination, cab forward, fire pumper and apparatus equipment,
as is more completely described on Schedule A of the Lease/Purchase
Agreement; and
WHEREAS, the City Council has taken the necessary steps, includ-
ing any legal bidding requirements under applicable law, to arrange
for the acquisition of this fire fighting equipment under the Lease/
Purchase Agreement;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. That the Equipment Lease/Purchase Agreement between
JINCO LEASING CORP., as Lessor, and the CITY OF ENGLEWOOD, COLORADO,
as Lessee, for the lease/purchase of certain fire fighting equipment
is hereby approved.
Section 2. That the Mayor and ex officio City Clerk-Treasurer
of the C~ty of Englewood are hereby authorized to sign and attest
the Equipment Lease/Purchase Agreement with Jinco Leasing Corp. for
and on behalf of the City Council and the City of Englewood.
ADOPTED AND APPROVED this 2nd day of December, 1985.
Attest:
Eugene L. Otis, Mayor
ex officio C~ty Clerk Treasurer
I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City
of Englewood, Colorado, hereby certify that the foregoing is a true
and complete copy of Resolution No. , Se ries of 1985 .
Gary R. H~gbee I • •
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COUNCIL C 0 M M U N I C A T I 0 N
DATE Resolution approving a contract
SUBJECT with Prime Computer , Inc. for a
rchase,license and servi ce agreement and December 2, 1985
INITIATED BY _!.ililL..!i:.....l:!.!.9!2~~~~L...E!L..!:..=!!!~~~.L...-L<~------
ACTION PROPOSED A motion to approve execution of an agreement between the City
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of Englewood, Colorado and Prime Compute r, Inc.
BACKGROUND:
In 1983 the City of Englewood purchased a second Prime Computer System at an auction
from the First National Bank of Littleton. The First National Bank of Littleton
assured the City at that time that it was purchasing both the hardware and operating
software licensing rights as part of the acquisition costs.
The City was contacted during 1984 by Prime Computer Inc. concerning the operating
licensing rights. The City was informed by Prime that a license fee for the second
system would have to be paid. After many meetings and letters with the bank, Prime
Inc., and the City Attorney 's office I feel the most cost effective method of
resolving this matter is for the City to negotiate a settlement with Prime Inc.
Listed as attachment A is a negotiated settlement which provides for the acquisi -
tion of the software licensing rights in the amount of $22,500.00, as well as
non-binding option on a Prime Computer Processor in 1985. The upgrade presented by
Prime includes a processor upgrade that is needed due to the heavy use of the City's
two computer systems, because of application systems being added and the additional
volume of use by all of the current users (45 on-line user stations) by December ,
1985 (see attachment B for listing of original 5 year Data Processing Plan and
revised plan as of 11/1/85). Both systems have more than adequate lines and memory
necessary, but the processor response time degrades as the user demand/data usage
increases. The upgrade also includes PrimeNet software and hardware that will al low
information to be passed back and forth between the City's two computer systems.
The agreement (attachment C) requi res an initial $22,500.00 payment upon execution
and such would be a credit on the total upgrade. The $22,500.00 would satisfy the
license fee requirement currently required by Prime Inc. The $22,500 .00 is
currently in the 1985 budget.
The agreement is non-binding if fund s are not available by March 1, 1986 .
RECOMMENDATION
assage of a resolution approving the contract between the City of Englewood,
~ol orado and Prime Computer Inc. on a purchase, license and service agreement
contract and the authorization for the City Manager to enter into the contract .
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RESOLIJI'ION 00. rf 0
SERIES CF 1985 __ _
A RESOLIJI'ION APPROVING THE CX>m'RACT BE'IWEEN THE CITY CF ENGL&lOOD,
COLORADo, AND PRIME CXl"'PUTER, HC. ON PURCHASE, LICENSE AND SERVICE
AGREfMENI' TERMS AND CONDIT IONS.
WHEREAS, it is necessary for the City to upgrade its
canp.Iter equipnent fran time to time; and
WHEREAS, Prime Ccmp.Iter, Inc. is the sole supplier of Prime
hardware upgrades for the City canputer;
NCM, 'lliEREFORE, BE IT RESOLVED BY THE CITY COUtCIL <F '1\iE
CITY CF ~. COLORADO:
Section 1. 'lhat the contract between the City of ~lewood,
Colorado, and Prime Ccmputer, Inc. on purchase, license and service
agreement terms and conditions for upgrading the City canputer, as
shown on the attached equipnent list, is hereby approved.
AOOPTED AND APPROVED this 2nd day of Decanber, 1985.
Attest: &!gene L. Otls, Mayor
ex off1c1o City Clerk-Treasurer
I, Gary R. Higbee, ex officio City Clerk-Treasurer of the
City of ~lewood, Colorado, hereby certify that the above and
foregoing is a true, accurate and canplete copy of Resolution
No. __ , Series of 1985 •
Gary R. Hlgbee
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OTY
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l'rim•· <."omrull·r. lrw .
l'rrmt· l'arl
lllar•d . Ma>!oa~hu,en' (IJ7b(r
SECTION II: EQUIPMENT SCHEDULE
PURCHASE, LICENSE AND
SERVICE QUOTATION AND AGREEMENT
MODEL NO DE SCRIPTION
UG9655 Upgrade to 9655. Includes
9655 CPU, Diagnostic Pro-
cessor, FCC cabinet and
chassis
8505-PS Subsequent Prime Informatio~
for Computer Room Systems
8440-P Primenet
8440-PS Subsequent Primenet
7041-F Primenet Node Controller
Total
Less Discount
Total
8503-P Primos and Utilities
Net Total
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PRIME USE ONL V
QUOTATION NO-------
AGREEMENT NO .-------
SYSTEM NO . ________ __
Page ..L of _2_ Pages
PURCHASE SERV SERVICE PRICE /
CODE CHARGE LICENSE FEE
$ 84,000
7,500
7,500
3,750
10 000
$112,750
( 33, 825)
$ 78,925
15 000
$ 93,925
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Attachment A
Prime Computer Inc . Upgrade :
Upgrade to 9655 (includes
processor, cabinet, power supply & PRIMOS)
INFORMATION LICENSE
PrimeNet License (1st System)
PrimeNet License (2nd System)
PrimeNet Hardware
30% Discount
2nd System Primos License
Source of Funds:
Upgrade Costs
11/85 payment (license fees)
Upgrade Ballance
$84,000
7,500
7,500
3,750
10,000
112,750
{33,825)
78,925
15,000
$93,925
$93,925
!22,500)
71,425
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CITY OP B.:L&WOOD - D 'ROC:ESSING "'STEA PLM A tta chment B
OriCJinal Plan
Aa of 8/29/81
Phase I/Prioritv I(Year 1t Aug 81 to Aug 82
1.
2.
3.
4.
5.
6.
Financia1/AcctCJ/BudCJet M«J-t Syete.
Utilitiee Accounte Aeceivable
Payroll/Pereonnel M«J-t Syet ..
Salee/Buildinq Uee Tax Acctq Syat ..
Fire Incident aeportinq
Contractore' Liceneea
Phaee II/Priority II(Year 2 & 3t Aug 82 to Aug 83
Aug 83 to Aug 84
1 . Vehiclee Maintenance Syat ..
2 . Fira t Diepatch/Inepection
Police o Incident/Traffic aeportinq
3. Land Use/Property Pile
Street Information Baae
4. Municipal Court -Parking Ticketa
Phase II/Priority III/Year 4t AUCJ 84 to Aug 85
1 . Fire Department Inventory
2 . Poli ce Department DPAR
3 . Park Operationa
4 . Recreation Aeqietration
Phaee It/Priority IV(Year 5t Aug 85 to Aug 86
1 . C011111unity DeveloPMnt
Weed and Traeh Abat ... nt Moble Home Inepection Feee
2 . ERA Low Intereat Loane
3. Section 8 aentale
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To tal Projected Costa:
(as of 8/29/84-Peat.
Harwick Study)
224,900
Phaae %/Priority I(Year lt AuCJ 81 to Aug 82
•1.
• 2.
•3.
A•4.
• 5.
*6.
*7. •a. . '·
V!MIS-Vehicle Maintenance Syet~Impl ... nted l/82
Salee/Buildinq Uee Tax AcctCJ Syete.{I•pl ... nted 7/1/82
Contractore• Liceneee/Impl .. ented 7/1/82
Word Proceeeinq/I•pl ... nted 2/1/82
Utilitiae Accounte Aeceivable/Impl ... nted 2/83
ZHA Low Intereat Loane/Impl ... nted 3/1/82
Financial/AcctCJIBudC)et MC)mt Syeteft{Impleaented 4/83
Payroll/Pereonnel MC)at Syat-.{Imp1 ... nted 4/84
Fire Incident aeportinq/Implemented 4/84
Phase II/Priority II/Year 2 & 3t Aug 82 to AUCJ 83
Aug 83 to AUCJ 84 ...
•1. Firat Dhpatch/Inepection/'Impl•ented 6/84
Policet Incident/'l'raffic aeportinq/Impl-nted 11/83
2. Land Use/Property Pile -atarted 6/84
Street Information Baae
*3. Municipal Court -ParltJ.nq Tickate/IIIp1-nted 4/84
Phaae II/Priority III/Year 4: AUCJ 84 to Aug 85
1. Pire Departllent Inventory
• 2. Police Deparblent DPAR/Imp1•ented 11/83 ~~. Parka Operatione/a•UAt:.t'/t.J..tg.¥/.
"'· Aecreation A:acJi~trat"fon/I...,,/1! rq /'HS A¥S. ~iUJ. Asset.,/ I.41,1~AIV~1U 1
.4 t . ZuumJte"h/.tJ¥JIWMIAI£;t .VI'S
haae II/Priodty JV!Yeu 5 t AUCJ 85 to AIIIJ 16
Com.unity Developeent
Weed -nd Traeh Abat ... nt
Moble ao.e Inepection Peea 2. Section 8 aenta1a
• Implemented and operational
A= Added to 'Oriqinal Plan
--~~~--"-.-.--··---·----~-~------·-·· -----..... ..
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CUT or ~ • DU'A PROC:II:SSIIIG IUSTI'R PlAJf
PIIASI! I{.PRIOKI'I'Y .l{.YeU 1: ~-!l ~~o AU9 11: llAIII1fiAIU ts'Ol'2WARII
l'roce8801 ~ ~ sorrtiAJ
l-l'.in~tnc.i•l/Acctv/-pet: llfiJit Bli•C.. Pror:e•80r J u •J_ V•hlcl• llaJnt S!l•t-l/11
1-Util1U .. Account. ._h&I>J• Li• Printer JDII J,. •1. saJ••/8uJJ.Ung u .. ~.cctv-7 Ill 1 J:.J.n. Print•r•
J . ,.llroJJ/,.r-1 li9K S11•t-DJak Stg J00U •J. Contr~ton' Lic.M .. -7/11 Diak Stg 3000
4 . Sal••IBuJJdlng u .. rar Acctg B1111t .. r.,. Dr J60o UI .&•4. NOrd Ptocaaaing-1/11 r•pe Dr J600 BPI
5. l'Jn Inciclant Reporting Cllf''a JJ MCh •5. UtiJJtJe• Aceta Rec-1/IJ 4 .-JJ PrJntan
6. Contr•ctora' Ucen.e .rue.JJatJon •6. lf/IJI z-.lnt Loua-J/11 Cllf''. J6 Nell
•7. 1'1nucial/Acctg/lludgllt•4/IJ
•I. P•llrolJ/,.raONMJ-4/14
Jlf,150 7g,450 .,, l'J.n Incident ll•portJng-4/14 206,412 IJ,SI! ~
PHASE II{.PRIOR I'I'Y ZI{.'Teu l~J :Aug 12 to IJ
'I if& Aug IJ to 14
J. _ VehJcJ•• .. JnterYJ>ce S!l•t•• Cllr'a I Hell J. l'Jre: Di•p~~tch/•:t.napecti...-4/14 Pror:e .. or .JIW
1. l'Jre : Di.•patc:h/IM,.ctJon roru JJ-J2 •2 . PolJ.ce : ll.c:or.U lfp:t•ll/13 DJ.ak St11 JOOU
J . Police : IncJdent/rr.f!Jc Reporting JO cpe Printer J. x..nd u .. /Propertll l'JJ• -aurtad DJak stg IOU
4 . lAnd Us•/Propertll l'J.l• str-t InrormaUon -6/14 J r.pe Dr1N
stnet Inro~tJoa ••• •4. lfun.lcJp~~l court-Puldng-4/14 l PrJ.J>tar
5 . lfun.l cJ p~~l Court-Pari<J.ng ricl•t• 21,600 6J,J50 ... 5. lfSCIIPif Softvare-6/IJ Cllr'a ll N ell 56,500 16,000
PHASP: II{.PRIORI'I'Y UI{!_ear 4:Aug 14 to 15 . I
l . l'Jre .Depue.&nt InN~~tocy Cllr'• 6 Nell J. l'Jre .Depert.ent Znwntocy ·-• ' 2. PoHce Dept. MAR JD cpe Printar •1. Police DFAII-ll/13 JbP ...... w
J . P•rl<a O,.r•Uon n. Perl<• op~~r•tl....,. Cllf''. ~Nell
4 . R~rHtJon Jr•vi•tr•tion ~-llacra.t1oa a.vi•tration L 5. c.-unity -Jo-t /J.,its
16,600 JO,JOII Op~~r•tJ..,. ~ .... PJIIIflflflfT'-l1nl< 2 •u•t-1/'1~
PHASE II{.PIIIORI'I'Y IV{.'Teu 5:Au" 15 to .. V'
• • I•J-ted and OperatJ...U l. C08aUUty .De,.lo-nt Cllf''• 1 HCb A • Ad-to OrJgiMl PJU we.d and Yr••h Abat•..,t JD cpe Printer
lfobJJ• -InapectJon
1. If/fA Low lllt•r•at Loana
J . .S.CtJon 1 llantal• JJ,700 46,6011 nM . • .Z?~J.!J ~ roYALS 141,150 124,t011 -~. .
473,050
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PRIME Pnmc Comp uter . In c.
Pr ime Park
Attachment C
PRIME USE ONLY
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Natick . Mas>achusctt> 01760
AGREEMENT NO.
PURCHASE, LICENSE AND SERVICE AGREEMENT
TERMS AND CONDITIONS
PR1 ME COMPUTER, INC . (PAl ME) and
CUSTOMER __ ... c .. t..,t~y'--"ou.f_.Eot;nloi&>Jl""'eaw~~J;ouourl.L-_____________________ _
ADDRESS 3400 s. Elati Street
CITY ____ .=Ec!!n,~;g~le~w~o~o~d'-------STATE ___ c,.,o..__ __ ZIP CODE_-'8""0..,1...,1""0-
This Agreement shall consist of those terms and conditions which are contained in those Schedules
listed below which are designated by Cu stomer Initials , Section 1: Purchase , License and Service
Quotation and Agreement , and Section II : Equipment Schedule(s) referen::ing the above stated
agreement number and all future Section II : Equipment Schedules referenc ing such agreement
numbers which are executed from lime to time by and between PRIME and Customer. Such future
orders shall be governed , to the extent applicable , by the terms and conditions referenced herein .
T erme end Condl .. ona Cuatomer'e lnlt+aa.
• Purchase/License Schedule
• Preferred Service Schedule
• High Availability Option Schedule
• Software Service Sched ule
• Other (Specify) _______ _
Trua Agreement , together wllh the terms and condttlons tncorporated heretn by reference, supersedes all pnor egrMments, negottatlont representellona and
proposals. wnnen or oral, 1ne1 does not operate as an acceptance ot anv contltct.ng terms and cond+ltonaand shall prevetl over any confhchng prov•s•ona ol any
purchase order of Cu11omeror any other •nstruments It Detng unaerstOOd that any purchase oraer IIIUed by Customer 1hall be tor Customer's conven•ence only and
shall not be made a part ot lh11 Agreement Dev1111ons f rom tneae terms and cond lttona shall not be va hd unleiiiPKihcally agreed to '" wnhng by an autnomed
employee of PRIME By l.l(ecuhng 1h1s Agreement below, CuSiomer acknowledges that they have rev•eweCJ tnererms and condii!Ofll tncorporatld '"'o lhtl Agreement
and agrees to be legally bound by same Customer may not ass•gn any of tt s nghts or obilgat .ons under th11 Agreemen1 Th11 Agreement shall be governed by, sub,ect
10 and construed tn accordance wtth the laws ol the Commonwealth of Manachusells
CUSTOMER ______________________ __ PRIME COMPUTER, INC.
BY ____________________________ ___ BY ________________ __
TITLE _____________________ _ TITLE ________________ _
DATE _________________ _ DATE _______________ __
Pr ime Forma Management 15 OJ
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PRIME Prime Computer, Inc .
Prime Park
Natick, Massachusetts 01760
SECTION 1:
PURCHASE, LICENSE AND SERVICE
QUOTATION AND AGREEMENT
CUSTOMER City of Englewood
INSTALLATION ADDRESS 3400 S. Elati Street
Englewood, CO 80110
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PRIME USE ONLY
M/A NO. __________ _
QUOTATION NO. _______ _
AGREEMENT NO. _______ _
P.O. NO. __________ _
SYSTEM NO . _________ _
Page_l_ot_2_Pages
This order is placed pursuant to the terms and condthons of the Agreement Number cited above lor the System Number cited
above , between PRIME and Customer. Accordingly , no other terms and conditions apply .
Any Quotation Mt tof1h her11n aha II rema1n In effect unllltne date tnd•cated below unless mocttfled '" wr•ttng by PRIME pnor to acceptance by PRIME of any
order made hereunder. A 'llhd contract b•natng upon PRIME comes .nto bemg upon e•ecut1on of th11 Agreement by 1 duly aulhonzed employee of PRIME
DATE OF QUOTATION _ _:1:..::1,../-=l"-/-"8""'5 __ QUOTATION EXPIRATION DATE_...:l"'-2.._/.:.11'-'8::..5,.__ __
TRANSACTION SUMMARY ( V AS APPLICABLE)
0 NEW SYSTEM 0 PREFERRED SERVICE RESPONSE TIME
0 ADD ON 0 HIGH AVAILABILITY OPTION
~ UPGRADE 0 SOFTWARE SERVICE MILES FROM THE DESIGNATED
SERVICE CENTER
0 SERVICE CHANGE 0 OTHER
Thelollowmg provisions, when Initialed by Customer, shall apply to the Equipment and Software products listed In Section II :
Equipment Schedule :
CutloiMt"• lntt111a
• Extended Shift Coverage at prevailing policy
• Customer declines hardware service
• Customer declines software service
• Customer declines Insurance
::;USTOMER City of Englewood PRIME COMPUTER, INC.
BY---------------
BY _________________ _
DATE---------------DATE ________ ~--------
Form 11~2A (1184) Forma Man•ment tS-03
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PRIME Prime Computer, In c .
Prime Park
OTY
1
Natick, Massachusetts 01760
SECTION II: EQUIPMENT SCHEDULE
PURCHASE, LICENSE AND
SERVICE QUOTATION AND AGREEMENT
MODEL NO DESCRIPTION
UG9655 Upgrade to 9655. Includes 9655 CPU, Diagnostic Pro-cessor,
chassis
FCC cabinet and
PRIME USE ONLY
QUOTATION No. ______ _
AGREEMENT No. _______ _
SYSTEM NO .---------
Page _2_ of _2_ Pages
PURCHASE
SERV SERVICE PRICE!
CODE CHARGE LICENSE FEE
$ 84,000
1 8505-PS Subsequent Prime Informatiop 7,500 for Computer Room Systems
1 8440-P Primenet
7,500 l 8440-PS Subsequent Primenet 3,750 ~2 7041-F Primenet Node Controller 10,000
Total
$112,750
Less Discount ( 33, 825)
Total
$ 78,925 1 8503-P Primos and Utilities 15,000
Net Total $ 93,925
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CUSTOMER INITIALS:
Forma Manaoement 1 S-03 •
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PRIME Pr ime Compuler . In c .
Pr ime Pari.
Nauck . Massa c hu~.ells 01760
STANDARD PURCHASE
AND LICENSE SCHEDULE
PRIME USE ON LY
Ag reement No ---------
Q uotation No. ________ _
CUSTOMER Cit y of Englewood
ADDRESS 3400 s. Elati Stree t, Englewood , co
80110
Tne loll o ... ng a•e lh e le•ms a na conooroons unae• whoch PRIME COMPUTf R INC 1 PRIME 1 sell s ono locens es '" stanoaoo P•ooucrs IEQu •omon! a nd Sotl~art )•n the cont•nenta t Untttej States a nd the O•s tr•ct ot Cotumb•a
1 . PAICEI AND TAXU. Unless Olhe•w •se ag•eeo lhe O"COS a no hcenso lee s ••• as I•Siea on Secloon II Eauoomonl Schedul e 01 !he Puocnase
L•ce nse ano Sttv•C e Ou otl t•on ana Agreement a nct are e•clus•ve of Jny sa •es use or all tu:cs however oes•gnateo
0
, tcv
1
ea aga
1
nst tne •art!
t•ce .,s•ng Oe lt ~;ery or use ot t ne oroctucts or upon 1 •s Scneoute A nv taat-s sh all be •n ICIO •IIun 1.:> the pr tces ••~teo ana ,, reou u eo to toe cort ecreo or Pltd by P~!ME lhl ll be PltO by Cuitomer :o PRIME
Z. DELIVEAY IDILAYI.
A All p r oa..~cts lhlll b e Oettv e rea to Customt:r I o b Or t ~Jin uoon lra n sltt to e •the• a c o mmon c arr •e• or Cu510mer A.lt sru pmcnts shaU ce maae
''••gl"'t colle ct In the aosence o• pr•or StHPt>m g •"'~stru cllo n• PRIME w•ll se lect tne catru'!r on behalf or CuSio•roer but sr,alt not ass u me a n y hi DII•ty tor sruprnent nor sna u rne carr .e r De t..on struea to be art agent or PRIME
B PR IME lhlll e n dii ~>~Or to Oe h ~>~e r proauets w •rru n n1rtety 190 ) aays after occ..cpt ance ot an oroer by I"R IME
C Oates o r hrnes Dy wrucn PR IM E 15 reauu eo to •ende• p~rlorma nc e under rn ,s !lcnedule sh all De p o s tponr'l a u toma t•ra•tv 10 rne hten t tna r PRIME 11 prevented from mett•n g them by any C.luses beyond •Is reasonaole control
J . All~ DF LOII •&ECUAITY INTEAUT. Toll e 10 Eauoomenl a no "" ol loss lo• i ll 0 •oaucts s ha ll oau 10 •:uSio.-n•• upon dei"O'Y D y PFO "'E lo
tl'l e carr''' Unle u Customer aect1n es m su rance coverage •n ""''""O PR IME loha ll •n sure the Proa..~cts aga .nst '•511 ot lr•ss a na da mage uP'If d
A cce ptance 11 nere•n del •nea The costs ot s ucn •nsurftncA sn ail De aanea to Cu~tomer s •nvo•ce tor paymen t •~ nert on prov•aeo Cv5IO"T'I e •
ne re by g·1 nts PR tM E 1 secur •ty •ntereSI 1n the P rooucu a nn ,.,e proLeCOs tMP teot u n t •l tne Pl..lrChiU! P"Ce a n a a n otn ~r lt lb•l 1t •es Cl •~• Pl=l tME
hereunoer nave been fu lly "'''''"a C ustomeor s h ill II e • .. cute any ·n ~t ru mt-nts or a ucvrnents PR tME OPPm s •o"roonate to p rotect tnat secu•rty
tnte rest a nd '" a ny evenT a c o py of U'l tS Sc neaute may tle litea lor tnat purou se a· •ny ••me .. ,,,, s•g naturP
41 . ttAYMENT T[ .. MI. ln11o tces sn •ll D~ re n oereo for ea ch Der,,.e ,.,. Unle ts cr ed•t te•ms ~.,.,. De~n 1119reeo to Dy PR IME tP.t trJ o1 rc cas ., uoon Accepta nce
as nere•n oe hned II Oet tve,.es e re l ufhor•zeo '" •n sta dmt>nts eA r n Oe t ... ,ery s n a tt he oa•o ro• uoon 4 cct>ptanct" w•tnoyt regaro to ot~e• !tCn ea u t~d sh •pments
IHITALL AT IOH. Stenaard PRIME cenTra l 'iyst~ms •nctud tng st111n01rCJ PRtM£ c oiTiponents p u rcn esed h o m PRI ME u pa ll or a c e ntret sys•em w.u be
•nllalleo Dy PRIME 11 no ldd•t•onll cne rg e at a Cus-to mer s1te 1oc a tron ~•lh tn tr• ... contrnen ta l Un•teo States a na tne O•str •ct ot CotvmO ti Customer
shell be r esoons ble tor f•J preoartng the •nsta ll a t~on s•t e '"' accordance ....,,,., PR IMEs l tte prepllltat •On rnstrucllons 111 1 a ll laoor tor uncac illg1rg an a
p lac •ng tl'le Prooucfl 11 the tnSia llatiOfl 11te a na (ml promptly no111y1ng PR IME that the Proaucts 1 re ready tor •ns11111110n PR IME sne ll hl\'f n o
Ob lt QIIIOn to 1nst~tll 1 ny Products w htCh nave been mood ted w •thout PRIME s PliO• w uuen approv1 1 subtecteo to u n usu a l phySICII or ele-Ctflca t t tress ICC ident. neglect. tn1Juse or omerw1se damaged througn no fault ot PRIME
1 . ACCEI'TAHCE. Products del•vereo •na •nst 1lleCJ bf PRIME sha ll be oeemed to ha .. ! oeen Accepted Dy Customer when tl'le y pass PR IMEs st11nd1 rd
test procedures I I Customet t S•le or th11ty (30) days alter det •~>~ery •n t,e event Customer nas larl ed to n:>ttfy FRIME w •thll''l tna : tHne that the
rnstallehon 11te h1s been pro:>erly prepared and that the Products are ava1 lable tor tnstallat•on and Ac cep:ance testtnp For Products not to be •nMIIIed Dy Fo-RI ME. Accept1 nce shall occur automat•cally upon del•very
1. SOnwARE LICENSE TERMS AND CONDI"nDNS.
A Each Software Product. either tn source or b 1nary torm, Including eny documentation relat tng to or descri b tng such software s uch es . but not limited 1
to, lOg iC manuals, flow charts and •mprovements or updates prov•ded by PRIME (hereinafter co11ect l11ely cal led "Software"), 11 furn1shed to Customer
under a non-exclut•ve. non-transferrable l1cense solely for Customer's own u1e only on the 11ng 1e Central Procetsor Un11 (CPU) on w hich tne
Sottwere11 f1t1t installed, exc ept as heretnafter provided The Software m1y only be copied, in whole or'" pan lwtlh ttte proper tnctus •o n of PRIMEs
copynght no1rce and any ottter propnetary not1ce on suctt Software). 11 m1y be necessary end inc1dental to use on suctlstng le CPU, for e rch1 v1 11 nd b1ck-up purposes or to replace 1 w orn or detecltve copy
II Customer 11 unable to operate tl'le Sottw1re on the 1b011 e S1ng 1e CPU d ue to an eQ uipment mallunc1ron the Sottw•re may be tran sferr ed
temporartty to a nother stngle CPU du11ng the per~oa of eQu ipment maltunctton Should tne aoove s•ngle CPU be ucgr10ed end r ep t ~eed by
another CPU purcttesea pursyant to PR I MEs then current upgr1oe PO •tey the locense m1y be transferred ano the SoltOA·are used on the replacement CPU
B
c
D
Subsequent L1cense -For a Sot1w1re 11cen se purc ttased under a subsequent license p 11n (no me011 prov10e01 Customer shall nave the r~gnt 10 copy tl'le vers1on of the lpp hcable Soltwere then •n Customers posseu•on tor use on one add rt •ona t CPU su b 1ect to ttle ter~s 1n0
cond•l•ons ol !/'Its Parag•lph •7 S ub~eQuent Ltcenses oo not e•ten d to o r tncluoe the "0~'~1 to copy a n a u se Upol!es ro or •mprovemenrs of the
Software here1n1tter prov1ded by PRIME to Customer under other licenses
Unless termtnattd by PRIME 1c t-!erem atter pr ov1 cted . the te rm or each patd ·up license snail eap•r e II s uch t tme as Custorrter d •scon!lnves use
ol tne apphCible Software on the Single CPU spec•hect above but otherwtse shall be w •tr•out rfstr•cllon 11 t o l tm& The te r m o f each Sohwa•P
croauct licensed unde r the m onthly lice nse-p la n shall conr.nue on 1 monthly bas 1 suo,ect 10 te rm tn atron by Customer upon ntnety (9 01 days prtor wrrtter, notrce or term.natton by PR IME a s here•n eller provtded
No trt le to or ownenhtp of tl'le So ftware or a ny of •Is parts •s t r111 nsterred to Customer Tule to all epph-:eble 11gh1S tn patents copy11gnrs 1no
tr1de secrets •n the Software sna il rema.n tn P~IME So ttw1 re provtded hereunder IS prop11etery to PAlMi:. ""0 Customer agrees to be bou11 d
by and observe the proc t~etary nat ure !hereo f as here•n pro 11 tded Customer agrees to 11111t.e lpp ropr~ate •~I • on b y •nstrurt•on or agreement *''"'
111 e~np lo yee s who a re permtltPd accus to the So ftwa re to Iuthi! ttl obhgattons hereunder Eacept n Pet forth here•n or as mey be perrtHfleO •n
wrtt•ng by PRIME . Customer shall n o t pr01110e or otner w•se malle avarl lble tne Sc ttwl tt! or ar.y part or coptes thereof t o eny th ud Plrt
1 Notwlthstand•I"'Q the torego•ng PR IME Sl'llll n1ve the t!Qht 10 term mate Cu11omer s ltcense tl CuSio mer la•l s to pay eny a na 111 reauued hrens.-
tee s or otherwtse fa •ts to comply w •th tnes e license te r ms and conctrh ons Customer agrees upon hPIII IIOn ot tne htf'n se te rm o r ucon nottc e
ol au ch term.nahon to 1mme0•1tely return or destroy the Softwa re ana all port•ont fnd COPieS tttereof 3S d trec ted by PRIME 1nd, 11 reqvest•d
by PRIME to cert•lv tn w t~ltng Is to the 11htruc llon or re 1ur'l of the Soflwut and ell eop•es the~e o l
CONTRACTS ADM INI STRATION
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WARRANTY .
Eq .;•pment
1 PA tME warrants that Customer sha ll a c quue good ana clear 1111e to the EQUipment be1ng purchased her!unaer tree and c to ar ot all hens a nd e ncu rnbranc~s
PR IME f u flner war r ants th at the Equ1pment delt>J erea hereunder sha ll be tree from .Jelect~ m rT'!atenal or workmanship tor 1 penod of
ntnety (9 0) days altt:r date ot Accepta nce PRIME w •ll tlonor thts warranty on a return to factory bas•s a t a warranty serv•ce area '" the
U n•teo Suues As a condtlton of '"'' wa ,a nty Customer must Obta•n sh •pptng •nstrucho ns !rem PRIME rmor to retutntng any Equ 1~
ment a n:l m u st Sh •p tl'le Eq u•pment to t he des•gnatea PR IME \er-w 1ce llrea . transportal/on pre(HI Id Transportahon charges t or tne return
ot tne E:.q u pment to Customer w1th•n the conhnental Untteo Statu ana tne D•s t rtct of Coi'-.Jmb ta w•ll be pa tO by PAIME If PR IME
aeterm•ne s t n at Equtpment returnea to •t lor warranty correction •s t\OI oetech vr w •lhm the te rms olth•s warranty Customer sha ll pay
PRIME a tt cos•s ot ha nohng und transportation PR IMEs sote responstb tltty under tne wa rranty w tll be , 11 PRIMEs optro.,, to e 1ther
rep a ~r or reotace any component wtuch fa•ts d u,.ng the warran ty peu od due to a detect 10 w or kmansh•p and •or n tatertal A ll replaced
Equ•pment 01 parts w 111 become PRIMEs property
T ne above ""'arranty •s con\lngent upon p ro per use ot the EQu tpment end does not cover Equ •pment wh1ch has been mvd•hed w 1t nout
PRIMEs approval of whtch has been subtecte;j to unusual p nystcal or ete ct fl c at stress or o n whtc h tne Oflgrn a t 10enhf tCII!On merits
na~e t>een remo\oed or a ltered '
For Eq u tpment conta1n e~ on en eo~~e cut ed PR IME Sen•:ce Scnedule wtth a commencemef"t aate con!empo·aneous w tth the date of
A ccepta,ce of the Equtpment all repa •rs and conec ltve ser v•ces shall be performed Dy f"AIME 11 the Equtpment tnttall alton Stte . 1n
accordance Wtltl the terms ot the PRIME Serv1ce Schedule
B SoltwarP
1 PRIME warrants lor a per1od ol ntnety (90) days from date ol Sh1pmentthll each Software Product wtll contorm to the applicable PRIME
p u bliShed spec1ftCII10ns prevalltng at the ttme ol sh1pment PRIMEs st~leobtrgallon end ltabthty hereunder sh5 tt be to use reuo naote eflorts to
remedy eny such non ~con formance whtCh •s reported to PRIME 1n wr1tmg w1thtn the warrenty pertoa
Tne above Zol!w3re wa rr anty does nor apply to Sotrwere Products reproduced by Customer pursuant to 1 auDseq uent l•cense", to
software •denllfted •n PRIMEs Prtce list as navtn g a support category "as·ttt . or to modtlted or al1e red Soflware Products "As·•s "
category Soltware and ·subseQuent license' Software IS turnt"hed on an ··as·•s" basts only
C 1HERE ARE N O 01HER WARRAN1 1ES EXPRESS OR IMPLIED. INCLUDING . BUT NOT LIMITED 10 THE IMPLIED WARR.O.N TIES OF
MERCHAN1ABILI1 Y AND FI T NESS FOR A PARTICULAR PURPOSE RESPECTING THIS SCHEDULE THE AGREEMEN1 , OR 1HE PROD-
UCTS PURCHASED 'LICENSED HEREUNDER
e. INFRINGEMENT INDEMNIFICATION
A PRIME sna il Oelel'lO a ny Iefton su•t o r p roceeO•ng Dr ougru agatn st Customer so fat as •t 15 Daseo on a c ta tm tttat tnt: use or transfer ot en y
Products delivered nereunCier const1tutes an mlrtngeme nt of any pate n t or copy11gttt tn the Un•ted States p rovtO ed tnar PRIME 1s promplly
nottl1 ed t>y Customer ot tne act ton a na g1ven full authOflty 1ntormat•on ana as s•stance t at PRI MEs f>apense t tor t:-te detense ot tne act1on
PRIME shall pay all damages a nd costs awarded tncretn agatnst Customer Dut shall not b e respons•Die lor any comorom•se made w tthoo.Jt 11 1
consent PR IME mey 11 a n y ltme tl IS conc erned over tne POSS tbllt ty of such I ll tnl11 ngement a t tiS optton tnd e xpe nse replace or moa1ty the
Products so tnat •nfrtngement Wtll not ea •Sl or remove tne proaucts tn¥Oived and refund to Customer the P•t Ce thereo f as depreCtlled o r amor·
uzeo b; a n e Qual a nnu ~l amount over tne lttettme ottne p roo ucts as ~SIIb l!slleo by PR IME
B PRIME shall hhe ~o lt3D IIt ty to Customer under a ny prl')v ts1ons of lh tS clause 1f any patent tnfrmgemf'nt or cta1m thereof IS based upon the use
ot the Produ cts del•vered hereunder tn connect1on or 1n comb 1n a tton w tth equtpment devtces or soH ware not supplied by PR IME or use 1n 1 rnanner lor wh•ch the Proaucts were not des•gned
c Custome r sna il I"''Oemn •tv a nCl hO IO nermteu PRIME fr om a nv lo s~ COSI or e•pense sutterea or .ncurrea tn connect•on w 1t n a ny clat.m su1 1 or
procee01ng orougt'tt a~a tnSt PR IME so tar as •t 15 ba::.eo on a c 1a 1m that the manufactur e or sate o t a ny p roduCIS oel•vered hereunder and
modthed or alterea or c.omo1nea w 1th a ny equrpment dev•c e or sollw a re not supp11 ed Dy ?R IME nere ut'IOer COI'lllltutes s uch an •nlr10gement
oecause ot such mod 1 f1CII•O~" a tter ll•on or combtnatro n
h UPGAAOES. For a per100 oltwenty ~to ur (24 1 months after Accepta nce 01 the P roaucts hereunder Customer may upgraae certa1n e lectron•c comp0 •
nents ~uc n as processo r memory powe1 supply chassts t na Ott'tet components. spec the a 1n PR IMEs then curr ent upgraae p ohc·1 prov•ded thil the
comp.J nent to be upgra a~a Sltlll bf' tnen Curtentty unoer a PR IME Ser11 1te Agreement Ounng thtS pertOO soectal pr ,cmg ""'lit allow Cu$10mer to trade
'" extstmg t.ompon e n u 1n accoraance wttn PRIMEs then p reva rt.ng upgraoe POI•CY a no Pr ·Ctng
11 . DATA/PROPRIETARY fUGHTI. Cer1a tn 0111 o r p ott1ons thereo f supplted by PRIME w tlh P roducts oeh ver"'CI nete.mder . sucn as out not 1tm1ted to
log•c 01agrams and manuals scnemattcs ena draw•n gs are t.onfldf"nt•a l a n d prn pttetary to PFI IME a nd are turn•stled solely to aSS ISt Customer 1n the
tnstallalton operat•on end use ot the Products A ll such conltdenttal a nd p ro p rtetarv dill shall be so marked a na Customer agrees to abtde by the
terms o t such mark tngs and tnat 11 w 1ll not reprod uce or copy suc n data e•c ept as 11 reuonabty necessary for proper uw of the Products
12. LIABILITY. btcept a s e•pressl y provrded otnerw •se nere rn PRIME shall not be !table for a ny toss o r damage cla •med to have resulted hom the use
operltlon or pertormence ot ttte Productt or rellted tn a ny way t o tne~r 8 CQu tllhon regerdless ol the lorm of lctton eacept tor loss or demage Clu NG
by the sole neg ligence ot PR IME In no event snail PM IME t.e !table to Customer for (II eny spec•a l tndnect •riCidental or r..onseQuent•al damagrs (Ill
1ny damages resutt1ng from lou ot use 0111 ot proftt s or !lit) any-cta •m whether 1n contract or tort that arose more lhan one year prtor t o tnslttutlon
ot su•t thereon
1). EXPORT. Customer Ag rees th•t the Products purchasea hereunder wtfl not be e•porled d trectly or tndtreclly, septratety or IS part of 1 syslem w •tP,out
ftrst obtl tntng 1 license from the US Oepertment ot Commerc e or 1 ny other app.oprtate agency of the US G o111ernment as requ~red
H G£HEAAL.
15.
A Customer mey not l lltgn any ot til rt g h ts herflunder
B The watvtH ot fl tlu re ot e .tner pettv to e•erc1se tn any respect a ny r~g t•t p rovtded lor nere•n shall not be deemeo 1 watver ot any fu rther ttght
hereunder h ts contr t ct constttutes the enttre agreoment Dt!I V~~~en me pan•es w1t h respect to the subJect mattet hereof and supersedes 1 11
propouls 111 prev•ous negot1a1tons1nd agreements w rttle n or or a t between tne part•es w•th respect to tne subJ ect matter nereot
C Notwtthsttndmg a ny ot the foreg otng to the conlrary, Customer shall have 1ne ophon to convert thts contract to a PRIME Leasmg lo.grel!'me nt
upon eaecut•on lhereol thu ty 1301 ctavs p uor to 1h1pment or the equtpment to be covered by sucn Leese. subJect to Customer meettng
PR IMEs creO•t reQutrements tor auch Lllse e nd to acceptlnce of the Lease by PFi i ME Leastng Upon ueculton of tht LeasiMg Agreement by
PR IME Lentng th ts order w •ll bec ome null and vo•d w tth retpectto tne equ,pment covered by the Lease Agreement
0 ThtS contrect shtll tn 111 respects be governed by e na construed tn a ccordance w 1th tne ta ws ol the Ccmmonwea ltn ot MISSIChusetts
NONAPPROPRIATION:
In the event sufficient funds shall not be appropriated for the payment required to
b e paid by this agreement and if the City has no funds available for paym e nt from
other sources, City may terminate this agreement by providing written notice to
orim e by March 1, 1986, and City shall not be obligated to complete the t~rms and
conditions of this agreement .
FC•RM r8150-03 1/84 P"me Forms Management 15 -03
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Prime Computer, Inc .
Prime Park
Natick , Massachusetts 01760
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SOFTWARE SERVICE SCHEDULE
CUSTOMER City of Englewood ADDRESS 3400 s
PRI M E USE ONLY
Agreement No .---------
Quotation No . ________ _
Elati Street j Englewood , CO 80110
The followmg are tne terms and conditions under which PRIME agrees to furnish and Customer agrees to accept software product sup-
port services on the Standard PRI M E Software Products hsted on an Equipment Schedule under the Agreemen1 c1ted above mstalled
w1thtn the conttnental Untted States and the D is tnct of Columbi a.
1 . EltGIIIILtTY REQUIREMEN TS
t t Serv~ces under th1s Schedule are limited to standard PRIME supplied Sollware Products (""Sollware .. ) mstalled by PRIME on
standard PRIME Systems
1 2 The PRIME core system (m•nimum mamtamable configuration} on whiCh the Software i s 1nstalled must. durtn g the term
hereof . be covered by a concurrent PRIME Preferred or Baste Service Schedule.
2. TER M
2 t ThiS So ftware Serv1ce Schedule w 111 be elfecllve on the date I he c ited Agreement Is s1gned by PR I ME and w 111 apply to Soli-
wa re on a n Equtpment Schedule for an tnttlalterm of one year commencing on the date of Acceptance. as oetmed oelow , of
the Software covered hereby unless an alternative commencement date is specitted i n w rttmg by the parttes Support servtce
may be term tn ated at the exp~ratton of the tn •tt al one-year term and at any time thereaher by etther party upon nmety (90 )
days prtor wri tten nottce . but will continue to be effective in the absence of auch nottce .
2 2 Upon commencement of the term, PRIME's obligation to Customer under any prior agreement for serv tce for the Sottware
covered by thts Schedule wtll cease and netther Customer nor PRIME wtll have any further obllgat ton to the other tn connec-
t•on w tth the p rior Schedule except for payment by Customer tor charges Incurred thereunder.
2 3 The term of servtce coverage for software add-on 's and/or upgrades added to a system shall be co-termtnous w tt h the term of
coverage of such system
~. SERVICE , CHARGES, TAXES AND PAYMENTS
3 1 The monthly mamtenance charge. when pat d . entttles Customer to 1 license o n future revtstons of software and error correc-
tton asststance on the software dunng the t erm hereof Software updating and error correctton ass•stance 11 prov•ded for th e
current release . and the tmmedtate pnor release of the software
3 2 The monthly Matn tenance Charges are those set fonh on the applicable Eq u•pment Schedule These charges a re applicab le
to software 1nstalled at the locatton speclfted on sa td Equipment Schedule and ar e subtect to change 1n the event the equtp-
ment on w htch the software is Insta lled ts moved
3 3 Mon t hly Matn tenance Charges Wi ll be tnvo iced tn ad vance each month on the flfst da y o f the month commenc tng w tth the
month tollowmg the month in wh ich the Commencement Date occurs and w•ll be payable by Customer on or before the last
da y o t the month of tnvo•c•ng . Charges for ma tn te nance serv tce covenng tess tha n one month shall be p rorated at the rate of
1130 of the month l y charges for each calendar da y of servi ce begmmng on the Commencement Dale
3 4 PRIME may change the monthly charges effective at the end of the •n•tlll ter m or at a ny ttme thereafte r by gtvtng Customer
at least th ~rty (30) days prior wntten nottce The charge s shall not exceed PRIME"s commerctal ma•ntenance Ch&riJeS tor the
software on the ettecltve dat e ot such i ncrease Customer shall ha ... e the right to term 1n ate th 1s Serv1 ce Schedule as ot the
elfecttve date of any increase in charges by g •vtng PRIME wntten not tce to that effect p nor to tho etlect •ve date. otherwtse
such mcreases sha ll become effec ttve and apply to thts Schedule as of the effective da te spectfted 1n PR I M Es not•ce an d th•s
Schedule shall the reafter cont tnue tn fu ll force and effect as amended
3 5 The ch arg es apectfted hereunder are tu&c ha•ve ot taxes Cuatomer w111 pay , or re •mbu rse PRIME tor all t axes 1m posed o n
Custome r or PRIME anstng out or thts Schedule, e.ccept for tax based o n PRIME 's net mcome
3 6 Customer egrees that PRIME w ill have the fiQht t o charge tn accordance wtth PRIME 's then current poilc•es tor any serv1tes
result tng fr om Customer's modtfl c at•on of eny Software Product, or Cuatomer"s fa tl ure to uttltze current Software Proa uct
releases prov1ded by PRIME
4 SOnWARE SERVICE HOURS. For the purpose of th1s Sc hedule. '"Soltware SerYice Hours· W ill be bel we•n th h ours o f B 00 am
•1"114 ~ nn nm lA 1"tnt1:11 \l thrl"tn,.., Fru1AV flW r ii Jt11nn p,.m. hnl u1avc.
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S.. TERMINATION. It Customer is in default of its payment obllgat•ons hereunder and such default continues for ten (10) days follow·
tng recetpl of written not•ce from PRIME, or if Customer 11 tn default of any other obligation hereunder and such default contmues
lor lhrrty (30) days lollowrng rece ipt ol wriuen notice. PRIME, In edd ilion to any other remed1es it may have, may term inate this
Schedule. II IS agreed that Customer will pay PRIME all costs end e•ponses including reasonable auornoy's fees i ncurred by
PRIME in e•erc1sing any of lis r ights or remed1es . No delay or fa ilure of PRIME to e•erc1se any nghl or remedy Will operate as a
watv er thereof .
6 . INDEMNIFICATION -Customer will indemnify and hold PRIME hermless from any loss , cla i m or damage to pe rs ons or property,
other than the equtpment. ari s i ng out of th1s Schedule or Customer's possesston or use of the software a nd serv•ces . provi ded thaf
such loss . cla i m or damage was not caused solely by the fault of PRIME. This i ndemntfiCIIIon wtll survive the te r m inatton of this
Schedule.
J . WARRANTY AND LIMITATION OF LIABILITY
7.1 EXCEPT AS STATED HEREIN. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES RESPECTING THE AGREEMENT ,
THIS SCHEDULE AND THE SERVICES PROVIDED HEREUNDER. INCLUDING BUT NOT LIMITED TO THE IMPLIED WAR·
RANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
7.2 PRIME will not be lieble lor any fellure or deley In performance due In whole or In pan to any cauH beyond PRIME's reason·
eble control. In no event will PRIME be lieble lor lou of date or uae olthe equi pment and for any Incidental. Indirect. apecl al
or consequential damages ariaing out ol the Agreement or the performence ol eny Hrvicea provoded In 1his Schedule or lor
any cauae otaction that aroH more than o ne (1) year prtor lo the inlliluti on of auitthereon.
I . GENERAL
8 .1 Customer may not ualgn any of Ita rlghta under thi s Schedule.
8 .2 The welver or failure of either peny 1o e•ercise In any reapecl eny right provi ded lor herei n ahell not be deemed e wa iver of
a_ny tunher right hereunder.
11 .3 Thia Schedule containa the entire underatanding of Cullomer and PRIME with respect to 1he aerv lcea provi ded hereunder.
This Schedule and the righll and obllgetiona of the par1 ies hereto ehell be governed by end conllrued In eccordanca w ith
the lews of the Commonwealth of Messechuaells.
11 .4 Thia Schedule mey be amended only by an instrument in writing e•ec:uted by Cuatomer and PRIME.
FORM 181 50·07 5/83 Prime Forma Management 15.03
CONTRACTS ADMINISTRATION
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PRIME Pnmt Computer, Inc .
Prime Park
PR IME USE ONLY
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Natick . Massachustlls 01760
PREFERRED SERVICE SCHEDULE
Ag re em en t No.--------
Quota ti o n No.---------
CUSTOMER Cit y of En gl ewood ADDRESS 3400 S. E lati Street . Englewood . CO 80110
The followtrg are the terms and condtltOns under wh •c h PRIME Computer ; Inc . {"PR IME") turntshes Preferred Matntenance Se nttce w tttun the
contmentat Untted States and t he O tstnct ot Cotumbtl
1 . COVERED PRODUCTS -Thts Schedule shall epply to the PRIM E central system. PR IME Operattng Systems Software ("PR IMOS'} a na the
conttguousty lo cated eq u ;pment. ophons, accessoru~s and penpherals ltsted on the Equtpment Schedule under the ctted Agreement tor
w htCh Customer elects Pre ferred Servtce (heretnafler c ollecttvely referred to as .. Products").
2 . TEAM OF COVERAGE -ThtS Sched ule wtll be e lfec t •ve on the date the ct ted Agree m e nt is stgned b y PRIM E a nd wtll apply to the Prod·
uct s listed on the Eq utpment Sc hed ule for an mthal term o f o ne year com menctng o n t h e d ate o f Acceptance. a s dehned heretn . of the
P ro ducts cove re d h e reby . unless e n alternative commencement date IS spec•h ed m wntmg b y t h e part1es Mamtenance serv1ce tor such
products may b e t ermmated at the exptrltton of t he tn1t1al one·year term e nd at any such lime thereafter by etther party upon ntnety (90)
days pnor wntten not1ce . but w 1ll continue to be eftechve tn the absence of such nottce
Upon commencement of the ter m . PRIME s obllgatton to Customer under any pnor agreement tor ma1nt ena nce ser vtce tor the P roducts
covered by ttHs Schedule will cease and netther Customer nor PRIME w tll have any f urther obhgahon to the other tn c onnectt on w •t l"l the
pnor agreement eace p t f or p ayment by Customer tor charges 1ncurred thereunder
2 1 T h e term of mamtenance 1etv1ce coverage tor Equ1pment Add On's and/or Upgrades added to a system sha ll be c o ·te rmmous w 1th
t he teTITo o f cower age of such system
3 . ACCEPTANCE. -P r od ucts d elivered and installed by PRIME shall be d eemed to have been Accepted by Customer when they pass
PRIMEs standard test p roced ures It Customer's sue o r ttu rty (30) days after d eliver y m the event Cu11omer nas latl ed to notify PRIME
wtlhtn that t tme that the •nstallallon stte has been p roperly prepared and t hat the Products are ava1llble tor tnstallatton and a cceptance
t est •ng For Products not to·be mstalled by PR IME. Acceptance sha ll occur automatically upon delivery
4. PREFERA£0 SERVICE HOURS -For purpose or th ts Schedule . "Preferred Servtce Hours" w tll be between the hours or 7 .00 am and 7 00
p m Mond a y th rough F.rtday , excludtng PRIME holidays Customer may request an extenston of t he Preferred Servtc e Hours by w ntten
nottce thereof to PRIME If a ccepted . mod•hcat•on of the Preferred Service Hours shall be contamed •n an Addendum to th•s Schedule
5 . PAEFEAA£0 MAINTENANCE SERVICE -PRIME wil l make a ll adjustments and repatrs durtng the Preferred Se r v1ce Hours necessary to
keep lhe Prooucts tn good operating condtlton tn accordance w1 t h PRIME 's pravatltng polictes
5 1 Preferred M amtenanc e Serv•ce mcludes
Telephone access duttng Preferred Serv1ce Hours t o a PRIME Customer Support Center tor p roblem repllrttng PRIME w ill
t)'ptc a lly respond to telephone remed 1a 1 matntenance requests w tth a return te lephone ca ll w ttr11n th~rty (30 ) m 1nutes o f Cus·
t omer·s teteptl')ne request.
b Sc heduled prevenuve ma mtenance d u rtng Preferred Serv1ce Hou rs based on the spec tf tc needs of the Products as determ.ned
Dy PR I ME ,
Remedtal ma1ntenance se rv1ce performed at Customer's s•te durtng Preferred Se rv1ce Hours tollowng telephone not•f•cat ton by
Customer to a PRIME Customer Support Cen te r of a Product Fa ilure .
d Response to Customer's stte shall be w 1th1n the t 1me hm1 tattons stipulated on the Equ•pment Schedule on w htCh Customer
e lect s Prefened Servtce tor the Products tollo w tn g recetpt of prope r nolif tc at1on as requtred by subparagraph ~ 1 c above t or
Products exc lusiVe of termtn a ls and eJC.c l ustve of pertpherals located remot e f rom the central syste m In the event no response
t tme '' spec•fte d on the Equtpment Schedule. response t•me guarantees do not apply to thts Scheaule ,
g
Provt dtng of replacement parts. tools. test equtp.ment and mamtenance matena is nec essary tor tne performance of ma1nte·
nance servtce hereunder Pa rts removed on a n exchange basts become the property of PR IME,
lnstallat.on ot F teld Change Orders (FCO's) and operat•ng system software rev •s•ons end updates requued to mat'llltn Prod·
ucts a t current revtston level as determmed by PR IME,
Asstgnme nt of an Account Representattve t o coord•nate Customer's servtce requ~rements . and ,
Operattng system software error corrections
~ 2 Prete ned M atntenance Serv1ce does nottnclude
Reptac•ng punter p latens, prtnte r bands and d1sk packs
b Furn•shtng suppltes or accessortes
Pamt1ng or reflntsl"'mg Equtpment
Add~ng , removtng or ma~nta 1 n1ng accessooes auachments macnmes or other devtces not prov1ded by PRIME e•cept as spec t~
fted tn PRIMEs preva1 11ng mamtenance polic y
Maktng spectfiCBtton Changes eJC.cept as spectf ted tn subparagraph 5 1 t above
Prov1d1ng serv1ce assoCiated wtth relocatton tn sta llat ton or de•nstallat•on ot Products
Pertorm1ng etect11cll work e•ternal to the Equtpment and .
Prov1d1ng mamtenance servtces on the Equtpment wntch cannot be performed at Customer tt•te
53 Any mamtenance s.erv1ces requtred as a resull at other than normal wear and tear of tne EQutpment due to abuse or m ~use ot t hP
Equtpment o r Customers ta tlure to pro vtde the necesSAry ta ctli!les or spec•t •ed operattng supplies or to meet PR I MEs s•te sp c.t,ca
t tons or to permt l PR IME to mstall and therealler matntam tn operlttOn FCO sand operatmg systems soli ware reo,.•ston~ I"'~O upaa•e!l
w tll be IO¥Otced to Customer as an addttlonat charge basea on PRIMEs prewrt •ling per·call rates then tn ettect
~ 4 If tndtwldual •t em(sl cannot , tn PRIMEs opmton be adequately or econom•cally matntatned on -stte d ue to e•Cfi'U i ~f ~ea• a nd cr
dete-r tOTI !IOn PRIME may subm tl t o Custome1 a Quot e tor returbtlh•ng such ttems II Custome1 eh:!Ct s not to n .hf I'"·' •tem~ o'
Equ1p mer11 returbtshed or 11 ret urbtsnment 1S Imprac tical Clue to lhe age ol such 1tems or t he ava •lab•I'IJ' ol rep•o E''T"t="t pa•t
PRIME. may v.ttndraw suct11tems, I rom thiS Schedule upon nmety t90) days pr•or wn11en not•c e
RESPONSIBILITIES OF CUSTOMER
6 1 C t•storne• s,all prov•d e tree ot ctlarg l'lC "''11 1 fu ll and tree access aoequate stor age 1pace tor spa1e pa rb t 1~ h._, a r.::l , .. n!••
n&nce EQ u•pment w or ktng spa t~ heal ltght vpnt•lllfiOn, eleCIIICal curtent a nd outlets for the use of PR I ME Cu5tnn, • S '\ '"' c.' r
I t•"' P1 All s.pa r e pari s un111 mcor poratcd tn the EqutpmPnt, all tesl and ma•ntenance Equtpment tooh. a na m,J,nten,.,ct a or..-" 1 ntit
t•oo w 1ll rf'ma •n the proper!) of PRIM( ana ma.,. br rt>moved bv PRIME at any t 1me
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6 2 C u stomer snail promptly not•fy the PRIME Customer Support Center of any Product fat lure and shall allow PRIME full and tree acce ss to th"e
Prooucts and, at no c harge to PRIME . lull use of necessary data commun.ca11ons factht•es '" order tor PRIME to elfect necessary
adtu51ments a n d repa1rs .
6 3 C u stomer shall not make . alter, or attempt to make repatrs or allerattons, or perform mamtenance or cause repa 1rs to be made . or have
ma m tenance performed by lhtrd parttes on the Produc ts covered hereby (eQUipment and Operating System Software ) dunng the term of
ttlts Schedule exc ept as spectl ted herem or as may be approved'" advance and m wnhng by PRIME. If tn the optnton of PRIME. any
una uthonzed alterattons, addtttons. adjustments to. or repa~rol the Products ad~ersely aflect PRIME's abtllty to render mamtenance ser~tce
to the P t oducts. PRIME resor~es the nght to termtnate lhtS Schedule •mmedtately upon wntten nottce to Customer
6 4 Customer shall matntam the S1te en~tro n ment accoratng to lhe site specthcahons established by PRIME.
6 5 Customer agrees not to mo~e . or permit to be mo~ed , the equtpment covered by th•s Schedule without PRIME's prto r wr111en consent
6 6 Customer shall perform all serv1ces of a housekeeptng nature mclud1ng , but not llmtted to. cleamng of magnettc tape heads and vacuum
Chambers. provtd•ng and reptac•ng pnnter and typewnter nbbol"'s. and pnnter bands and paper.
6 7 Customer agrees to perform certatn duttes and servtces as may be reasonably d•rected by PRIME'" response to teleP.,hone problem reports
such as system restarts. recordtng of error tnformatton and runmng of operat•onal readtness tasks .
6 8 Ounng the term of coverage Customer shall tnsure that Product s covered hereby rematn in conform•ty wtth the mtntmum configuration
requtrements•n effect upon the commencement date ot the tntttat term for such Products and. further. shall mamtatn '"the products any
and all PRIME tnstalled FCO's and the prevatling current re~ISton of the operattng system as provtded by PRIME.
7. C HARGES, I NVOI CE S, AN D PAYMENTS
7 1 The monthly Ma11"1tenance Charges are those set forth on the applicable Equtpment Schedule These charges are applicable to Products
tnstalled at I he locat1on spectfied on satd Equtpment Schedule and are subJeCt to change 1n the event the Products are moved.
7.2 Monthly Maintenanc e Charges wtll be tnvo•ced •n advance each month on the hrst day ot the month commenc1ng tNtlh the month following
the month '" wh1c h the Commencement Date occurs and wtll be payable b y Cuslomer on or before the last day ot tt'le month of tnvotcmg.
Charges tor ma1ntenance serv+ce covermg less than one month shall be prorated at the rate ot 1/30 of the monthly charges for each calendar
day ot serv•ce begtnmng on the Commencement Date
7 3 PRIME may crange the monthl y charges etfecltve at the end of the tntltalterm or at any t1me thereafter bygivtng Customer at l eastth~rty (30)
days p r1o r wnlten nouce The charges shall not exceed PRIME's commercial ma1ntenance charges tor the Products on the ettecttvedate of
such 1ncrease Customer shall have the r~ght to termmate this Scheduleaaot lhe etfect1ve date ot any mcreasein charges byg•vtng PRIME
wr~tten not•ce to that effect pnor to the ettect•ve date, otherwtae such mcreases shall become elfect•ve and shall apply as altha effecttv e date
spectfted '" PRIME's nouce and th1s Schedule shall thereafter cont•nue •n full force and effect as amended.
7 4 Any other charges will be tnvo•ced to Customer as tncurred and wtll be due and payable upon recetpt ot tnvo•ce Such other charges may
tnclude. but are not li m•ted to, ttme, matenal and travel charges'" the event the matntenance ser~•ce IS pertormeo outs•de Preferred Servtce
Hours and labor, parts and other expenses assoctated wtth matntenance servtce resulting from other than normal wear and tear oft he Equip-
ment
7 5 The cnarges spectfted hereunder are exclustve of taxes Customer wtll pay. or retmburse PRIME, tor all taxes 1m posed on Customer or
PRIME ar1s1n g out of th1S Schedule, except tor tax based on PRIME's net tncome.
1. INDEM NIFIC A TI ON -Customer willlnCiemn•ty and l'lold PRIME narmless from any loss, claim or damage to persons or property, other than the
equtpment. an sing out ot th1s Schedule or Customer's possesston or use ot the equ1pment and servtces. pro~tded that such loss.cla+m or damage
was not caused solely by the fault of PRIME Th1s tndemnthcatlon w tll sur.J tve the term•nat•on of thiS Schedule.
I . WARRANTY AND LI M ITATION OF LI ABI LITY
9 1 EXCEPT AS STATED HEREIN, THERE ARE NO EXPRESS OR IMPLIED WARRANTIES RESPECTING THE AGREEMENT , THIS SCHE·
OULE, AND THE SERVICES PROVIDED HEREUNDER . INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MER·
CHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE
9 2 PRIME w•ll not be ltable tor any fa• lure or delay'" performance due tn whole or 1n part 10 any cause beyond PRIME's reasonable control I n
no event wtll PRIME be liable tor loss of data or use of the equtpment and tor any •nc•dental, tnd•rect. spectal or consequenttal damages
ansmg o ut Qlthe Schedule or the performance ot any serv1ces provtded '" lhts Schedu le or for any cause of action that arose more than one
(1) year p r~or to the •nshtutton of sutt thereon
9 3 PRIME w•ll grant Customer a cred•t equal to live percent (5) ot the monthly ma•ntenance charge for the Products for each occas•on that
PRIME. due to causes wtth•n •ts reasonable control, fatls to respond at Customer's S1te to a properly requested call lor remed•al servtce
w•th1n lhe response t 1me spec tiled tn Sect1on 5 1 d hereof Credtts as may be due Customer pursuant to th1s Sect ton 9 3 shall becalculate<l
separately tor each month . In no event shall the total of all credtll granted dunng a g1ven month exceed the monthly matntenance charge
Exc ess eredtts shall not be accrued from month to month nor applied to offset any pnor monthly matnlenance charges or other sums as may
be due PRIME hereunder.
10. TERMINATION -In addthon to PRIME's termtnation rtghts pursuant to Sections 54 and 6 3 , if Customer 11 '" def1u1t ot ill payment obligations
hereunder and sucn detaull cont1nues for ten { 10) days follow1ng receipt of wntten not1ce from PRIME. or,'' Customer 11 1n default ot any other
obligauon hereunder and such default contin·ues torth•rty (30) days lollowtng recetpt of wrttten not•ce, PRIME,tn additiOn toanyotner remed•es 11
may have, may termtnate the Schedule It Ia agreed that Customer will pay PRIME all costs and expensestncludmg reasonable attorney's tees
tncurred by PRIME '" exerctstng any of 111 rtghts or remed111. No delay orfatl ureot PRIME to exercise any rtght or remedy Will operate as a wa•ver
thereof
11 . GENERAL P .. OYISIONI
11 1 PRIME reserves the nght to subcontract for the perlorm1nceof any or all of theservtces to be provided hereunder In suctt event, however,
the rtghtaand obligations of PRIME and Customer hereunder wtll not be diminished.
11 2 Customer may not aSJ•gn any of 111 rtghts under thit Schedule.
11 3 Thts Schedule contatnt the enttre understanding ot Customer and PRIME wtth respect to the Hrvlces provided hereunder Thts Schedule
and the r•ghtaand obligations of the parties hereto shall be governed by and construed in accordance w1th the laws olthe Commonwealth of
Massachusetts
t 1 • Thts Schedule may be amended only by an tnstrument In writtng executed by Cuslomer and PRIME.
FORM •8150.{)4 81113
CONTRACTS ADMINISTRATION
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Prime Computer, Inc.
Prime Park
Natick , Massachusetts 01760
BASIC SERVICE SCHEDULE
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PRIME USE ONLY
Agreement No. _______ _
Quotation No.
CUSTOMER City of Englewood ADDRESS 3400 S. Elati Street. Englewood. CO 80110
Tne tollowtng are the terms end cond11iona under wtuch PRIME Computer. Inc. ("PRIME") tumiahel S.aic Mainten.nce Service w•thln the Continental
United SUI Ill and the D 1llfiCI of Columb11
1 . TERM OF COYEAAGI -Thta Sc"-dule w1ll be effective on the date the cited Agreement .. aigned by PRIME and will apply to the products hated on
the Equ•pment Schedule tor an tnlhll term or one ,ur commencing on the date of Acceptance. 11 defined herei n or the products covered hereby
unless en alternative commencement date il apeclfied in wriling by the perttea. U.lntenence MI'Yice tor auch products may be termineted at the
er.p1rat 1on ol the inttlal one-yea r term end at any time tMrufter by either party upon ninety (to) daya pnor written notice, but will contmue to be
ettectr .. a m the absence of auch nottea
Upon commencement of the term. PRIME'a obligetlon to Cuatomer under eny PfiOr eoreement for rne intanance Mrvtee tor the equipment c overed by
th11 Schedule w tll ceaae anCI netther Customer nor PRIME wtll hive eny further obligellon to the other In connection with the prior egrMment except
by Customer for charges tncurred hera under.
1 1 The term of ma1ntanance 1erv1ce coverage tor equipment aCICI~'a anCI /or upgradea added to a ay~tem ahall be co-terminous w tth the term of
coverege of such system
ACCEPTANCE -Products delivered and inatlllted by PRIME at\111 be dMf'ned to ha'l'l been Accepted by Customer when they pllll PAIME'a stanelerCI
1es1 procedures at Cuatomer's 111e o r th 1rty (30) day~ attar deltwery in the event CU8tomer has ta 1'-CI to notify PRIME wtttun tl\lt tuna that tne inatella·
tton stte has been properly p repared and thltt the products are avaltabte tor tnataUatlon and acceptance tnhng. For PrOductl not to be tnatatiiiCI by
PRIME. A cceptance sha ll occur automatfCally upon oelivery
3. aASIC S£lltYICI! HOURS -For purpoH of thil Schedule, "B .. Ic S.rvtce Hours" will be bet'*"n the hours ot a·oo a m ana 5:00 p m Monday
through Frtdly. excluCi tng PRIME holiellyl
4 . aAIIC MAINTENANCE at:RVICE -PRIME will make all adjustments and rapelre during the Baalc ~lee Hours NCnNfY to k .. p tha eQUtP"'-nl in
good ope rat ~ng condthon in accordance w ith PAIME'a prevailing ~ic ....
• , Baste Ma1ntenance Ser~ce lncludel·
Telephone accnt durtng B .. ic Service Hours to 1 PRIME Cut1omer Support Center for ptob'em reporting .
b SC.hedu~d preyenttve matntenence during Balle Service Hours beNd on the specific naedt of the equipment n determi ned by PRIME,
Remedtll maintenance aervk:e perlormed at Cuetomar's alte during 8eaic Setvk:a Hours following telephone notificatiOn by Customer to
a PRIME Customer Support Center that tha equipment Ia i noperative ;
d Next O.y ruponM to Cuatome(a lite following receipt ot proper notification u Nquired;
Provtdtng of replacement plr11, tootl, •• equi pment and malntenence meten ale ~ry tor the performance of maintenance Mrvtee
hereunder wtth parta removed on an aachange balls beeomtng the property of PRIME. lnd;
lnatallatton or Ftald CMnge Orde,. (FCO'a) and operat1ng syalem aottware and updatn required to metntatn equtprnant at curr.nt
rev•••on .. vel 11 determtneel by PRIME
' 2 Baste Matnlenance Servtce don not include
Replacmg prtnter platena, printer banda and dtak pecks:
b Furntahing aupphn or acce .. oriel,
Patnhng or rettntshlng equtpmant,
d Addtng. removmg or mamtain1ng acce11ones. aMa chmantt. machines or other ctev•cn not provtded by PAIME except 1 1 apec1f!ld in
PRIME 1 p reva•hng matnlenance policy,
Maliltng spectf•c•t•on changes eacept asapectf.-d '" aubperagraph 4.t .t above.
PtOlltdtn g Hrwtce aasoctated wtlh ralocahon, inttallatton or datnatallattOn of equipment
g Performtng electn:::at work external to the equipment. ar d .
Providmg ma.ntenanca Hrv•cet wh1CI\ cannot ba performed at Cuttomer erte
A ny matntenance unuces requ.red 11 a result ot other thin normal weer and tMr of the equipment or due to abuM or mtiUM or the equtp·
ment o r Cu•tomer'a fa tlure to provute the nectaaar~ fac llthat or apac1ttect operat•no auppl .. , or to meet PAIME'I a•te apec•hcat•ons or to
perm tl PRIME to mstall and thereafter matntatn '" operation FCO's and operattng l)'lttm software rewta iona anc:J updates wtll bt tnwotctd to
Customer as an aeldthonat charge beMCI on ~IME 'a prevailing per--call rates then tn effect
• • If tndtw•Ciu al tltmta, c annot,tn PRIME's ocMn•on . be tdequately oreconomlcetty ,...nt.tned on·l ltedue to ••c ... ,.,. wea r andl or Clettnorauon. PRIME
may submtt to Cuatomer a quote tor returbiehlng auch Item• If Cuatomtr eJect• not to heft the itema or equipment rtturtuahtd, or tf returbiahmtnl tl
tmpracflcat due to the age ot auch Items or the evaita tMiUy of reptecement PI"'· "'IME may withdrew euch ittml from thtl Scnedute upon ninety (80 )
dlyl pr tor wrttten nottce
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) 1 Customer a hall prov1de, ''" of charge and wtlh full and lrM acca ... adequate atorage apace for spera perta, toola, tnt end ma intenance
equ•pment , working apace, heat, light ventilation, electric currant anct oullata IOf the uM of PRIME CuatomeJ Servtce pe...onnel. All spare
parte until mcorporated in the Equipment, all teat and mamtananca equtpment, tooll and maintenance documentation will remain the property
ot PRit.tE and may be removed by PRIME at any tuna.
~.2 Customer shall promptly notify the PRIME Cuatomer Support Center of any equipment failure and shall allow PRIME full and lrM ace ... to t ne
equipment and, at no charge to PRIME. lull uM of necnury data communiUtiona tecllit iH In order IOf PRIME to eHect nec .... ry ldJuatmenta
and repaira.
5.3 Cuatomar shall not make, allar, or a"ampt to meka repairs or anaraliona. Of perl'orm ma intenance. or cauM repairt to be made . or have
mai n tenance perlormec:l by third pet1in on the equ1pn\ent cOYeted hereby during the term of tt'lia Schedule eacept aa apecitied here•n 01 u
may be approved In advance and '" wr•ting by PRIME. It In the op1nlon of PRIME, any uneuthortzed alteretlon. addition, adjuetment or repair
adversely etfecta PRIME'e abihty to render malntenence Mrvic" to the equipment, PRIME ........,.. the right to terminete th11 AgrMment
•m med11tely upon written notice to Cuatomer.
5 .4 Cuatomer ahall mai ntain the aile environment according to the alte apeclticatione ... ablilh«< by PRIME.
5.5 Customer agreea not to move, or permit to be moved, the equipment coverwd by thit Schedule, without PRIME'a pt'tof written eonaent.
S.e Cuatomer ahall per1orm 111 teNieel of 1 houlft;Mping neture i ncluding, but not limited to, ciMnlng of magnetk: tape heed& and vecuum
ch1mbero 1nd pro•ld ing 1ncl replacing p<inte< 1ncl typewriter ri-lncl printer blncla fl'd poper.
5.7 Cuetomer agr ... to perlOfm certain dutl" and MNieee • may be rHIOnlbly directed by PRIME In reeponae to tltlepttone pt'oiMem reporta
auch as syatem rwtarta. recordino of error i nformation and running of operatkwlll I'Ndineu talkl.
5.1 PRIME"a MNice obltgationa heflunder ere conlingent upon Cu.tomer. during the term of thle Schedute, conforming to PRIME"a currently
applicab le m1nimum configuration requirementa.
L CHAIIGEa, INVOICea. AND "'"•NTa.
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1 .1 The monthly Mo inteno,_ Ch1r-1re thOM Ml lonh on "'"' oppliclble Eq"'-1 SchoOute. T--liM 1re opplicable to Equ i P"*'~
l natalled It the location apecified on aald Equloment Schedu .. and are aubject to chenge in the....,, the Equipment il moved.
6.2 Monthly Maintenance Chareee witt be i nvoked In Mvence eech month on the ,.,_ day of the month commencine witt! the montf'l tottowtno the
month 1n wh1ch the Comm.ncement Date occuf"' and wUt be peyebte by Cuetomer on or before the IMt day of the month of invo6cing . CNrgee
tor ma1ntenance Mf'Wice ~ng ._ then one month ahall be prcwatld at lhl rwte of 1/30 of the monthly chatgee tor Meh calendar day of
Mf"WICI beOinnina on the Commencement o.te.
1 .3 PRIME mly chlnge "'"' _,,.,ly chi--~~ .. II ""' -Of tile inlt'-1 -0< II ony II--Iter by gi,;ng C...-1 1 leu! thirty (30)
daye pnor .,,...., notice. TM cheroea ehall not eac»ed PfiJIME'a comfNfdal meintenenc:e eNrgee tor the equipment on the ett.c:live ct.te of
auch tncr .... Cuatomer ahatl he¥e tne r._,.t to """'1nete "'• Mf¥ice ScnecttM u of thllffecti¥e date of any tnc,.... tn chllrgee by g tving
PRIME wrinen not.ca to that lftect pnor 10 tM ett.ctivl date, otherw6ee ~ inct'M.MI lhell become effective end appl)' to th1 1 Schedule u of
tne effective date apec::•fied 1n PAIM£'1 notke end tf'111 Sc:hach• IIMM ...,...,.., continue In futt force and effect n emended.
& 4 A ny other chergae wflt be lnWOtCed to Cu.tomet' M 1ncunwd eNI wiH be Clue and peyabte upon rwceipt of inwoiee. Such other charges m ay
lncfudl. but ere not hmtted to. ttme, mater-tal a.nd trao;et cn.r ... '" tne ...,.. tN maintenance MtVICe il performed outaldl lluic S.rvtee Houf"'
and labor , partaancl other e...,..... -.octa..O wttft ~ ~ tMU"'"" from otftaf l't\an normal..., end..., of thl equipment
8 .5 Thech argeespec ified~et'lea.cluetW!Iot ..... C..-omer_..pey,orretmbutM .... tME,tor ellta ... tmpoeadonCuetomeror PAIMEerleing
out of th11 Schedule. •~ tor tali._.... Ofl ...,__...._,.. ~
INOIMNIFICATION -CUll-.,II ..-..nily ana ---""---'-· cleom or dlmoge to -· or p<Ojlefty , other thin the
Equi pment, anaing out of ""' Sc"*'ull Of ~~ ~ or ..,.. of IN lqutpment end ..,..,en. provided that auch loN. cle•m or dlmlge
wu not CIUMd IOiely by the fluJt of '"'IlUME T'"-mo.M.f'Hf ...,._. tha W'lftlnettOn of ttua Schedute
WAIIIIANTY ANO LIIIITATlOM CW ~ITY
1 .1 EXCEPT AS STATED HEREIN T-Alltf
AND THE SERVICES PIIDVIOEO HEll
AND FITNESS FOR A PAIITteut.AII fi'UI"''
Ellflllllt: 011 -110 WAIIfiANTIES IIESI'ECTI NG THE AGREEMENT, THIS SCHEDULE
IOOCLUOING IIUT NOT LIMITED TO THE IMPLIED WAIIRANTIES OF MERCHANTABILITY
1.2 PRIME w1ll nol be li able tOt any fat-tufW Ot dela-y "' ,..,_.,.ence .,. '" WftOte or in pen 10 any eauM beyond PRIME'• ~control tn
no event w111 ~IME be l..ote tOt of 01t1 or uea of 1fW £Quep;"'ftt and tor any inc:1dental, Indirect, epec:lal Of' coneequenhal darniQH
1 ns1ng out ot the SeheOu .. or tM perlOtrn.nce o1 1ny ~ pr~ '" th .. Schedu .. or for any eauae of act•on th1t eroM more thin one
(1) yelr pr.or to the 1nat1tuttOn Of IUft the~
1. Tl:fiiiiiNATIOH -In add•lton to PAlM£ 1 terl'nfnalaon ngnll ~ 10 SKttone 4 4 and 5.3, it C4.tttom« ia in default of 1t1 payment obhgetlona
hereunder end such dlflult contmuea tor ten (10 ~ 4ayt fotaowtng rec.tpl of wt11Mn notice from PAIME. or. If Cuatom.r Ia in def•ult by eny ot!Wr
obltgetton tlereunder and wch deflul1 conhnuee for th&tty (30} -~ following Neetpt Of written nota. PRIME, In addition to 1ny other tlmediH tt
may ha ve may termtnete thiS Schedule tt 11 egreacl tf\at CuatOf'Wf w1U PlY PRIME all co.ll lnd ••pen ... tnclud ing ruaonebll 1ttorney'1 , ...
tneurrec:l by PRIME 1n ••erc•••no any of 111 rignte or remecttea No detay or failure of PRIME to aaarciM eny right or remedy will operete 11 a WIIYir
thereof
IL GENeiiAL PIIOVIatONI
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10 1 Pri me reMrvea the nght to subContract tor the performance of any or all of the Mrvicn to be provided hereunder. In tuch an event. howr.~er ,
tne nghts end oblige tiona of PR IME 104 Cuttomer Mreunder will not be d iminiehed.
10.2 Cuttomer mey not u11gn eny or itt rightl under tf'l ll Schedule.
10 3 Tf'l1s SChedule con111n1 the enltre undentllndtng of Cuetomer and PRIME w ith respect to tn. Mf'Yicea prowided hereunder. Thla Schedu~ lnd the
r~ghll and obligation I ot the part11a hereto ahall bl governed by and conatrued In accordance with the l•wa of the Commonwealth of MuuchuMttl.
10.4 Thia Schedule may beamena.d only by en Instrument In writing executed by Cuatomer end PRIME.
M W8150-05 5183 Prime Forms Management 15.03
CONTRACTS ADMINI8TRAT10N
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STATE OF COLORADO
UNIR>RM COMMERCIAL CODE-ANANCING STATEMENT -COLORADO U .C .C.-1 (Rtv. 1-78)
INSTRUCTIONS
I PLEASE TYPE thn, fnrm Do not v.Titt in Boa ).
2 . lf collatrral is CROPS , S'-k in Bo• 4 ... Tht aboYr dncribd cropi art rrowinc or aft to k Jruwn on· (Oncribt: lkal Esu~ cOftCUMd)."'
3 If collatrrala~ or will become flXTURES , Of i• TIMBER TO BE CUT. or is. MINERALS OR OTHER SUBSTANCES OF ~'AWE WHICH MAY BE EX11t.ACTED FROM ntE EAR'Ilt
OK ACCOU""TS RESULTING FROM THE SALE THEREOF AT THE WEU.IIEAD OR MINEHEAD. CHECk 121 "1"hi• Roane;,. s-..... i•ro bo filed lor-in lilt RuiEsuK
~cord ~.··m Bo• 4 and staat ar appl•cablc ... Tht a~ aoods art. or arr to btocomc , 1\uu~s on (clc.)aibt: rul uww:),R or where: appropn.,subMitYICcilhcr, "'TM: ~bow limba" islbftdn'l on
tdt!.Cnbt real c state.J,-or, 1'hc abo-.ot minc rab or ocher 5Ubllanccs o(waluc •hkh m.y be utrle1c'd from the ur1h or ~ttQUnU Rwhutal'mm the: lAic chcftof .. lht .cUhudcwmh.ehead of the
well or m ine located on (dc:scribt rul c:stattJ "~loCribr rut cf.latt conccmd wffic:ic nt• if n wat contained ina moncqrolthe rul ata1c to&i""f constr'llrtlw IIOticc: ofttw: rnonaaac undeT
the Ia"'' of tha i Statr. If the debtor docs not h~ an inllnut of ftCord in the atty. 1iw the ,..._of a recant awncr of lht rul ntMr concrmcd in Boa '·
4 . If the sp~tt pnwlded for &n)' i~em on the form ir. 1nadcquaw:.lht 111r:m lhould be continwd on lddilional ahecu . that • I~ II .
Please do not &tapk or LlpC' adchtionaJ &herb du~ct.ly Cll'l this form .
5 Rtmovt: Secured Pwty and Debtor copie1. and wnd 3 copic• .-ith ~carbon~ Mill int«t 10 lhrltifta; atllcer.
6 At lhc: time: of on&inaJ filin&. the filin& officer will ~tum third copy MIUIIC'knowlcda;ment . If lit'bcJw\cdamenl copy iiiiO lie taunllld to Dlher ._ tt.. 5ecuftd r.,y, pkiiC ,._,I..,_
eddft.nc:d cn~~tJopc:.
IMPORTANT Read instructions before fillina out form -
This ANANCINO STATEMENT b lftiO"'Id for llint-., .... Uoilorm c--ia! Codo . l . ""FUilla Ollmr CO.. r-.-_.
"'"" Ol'lco)
I . Dtbc.or(s) Namt and Maihftl Addlal: l . -PonJ(ia)N....,IIId Addreu:
City of Englewood Prime Computer, Inc.
3400 s. Elati Prime Park
Englewood, co 80110 Natick, MA 01760
4 . Thi• FinMCina St~~nnent CCM:n lhc foUowinf typrt (01' itr1m:) of prureny:
(WARNING: If coi1Mrnl ~ aups, fiaaftl , timber, or mu.crals or ndw:r w~• 10 be ca.tncted or
(1)'85'0~':!t'P~tm .. o~nd'tititi~i':8,
(1) Prime UG9955 Computer System
(1) 8505-PS Subsequent Prime Information '· N ........ -..orAMi_or_,.,.,,
(1) 8440-P Primenet
(l) 8440-PS Subsequent Primenet
(2) 7041-F Primenet Node Controller
Ched 01'11)' if l!p91tclbk
TJ Thil St.Memenlll to be fikld for~ in the lUI~ ~
, Ptoducu of cotlllrral • also ~
fh1S .U.tr:mcn1 IS 111ncd by the $«wed tt.ny lltiiUd of lhc Debtor 110 pnfec:t I ICICUnl)' IMeiHf 1ft colllltfal
(Picaoccheck 0 altady subject 10 a KCUrity in~nat in IIIOCher juritdte1toft •-hen it _.. broulfht inlo lhi• II*. or wMft lhc ckblor's kx:alion .. ctta.eec1 to .Ws SilK;
-boa) 0 •1uch i• ~of dw: ori&lnaJ cola.ral cktmbcd abowt ,,. which a aecvmy iaectat Mil ~.
0 • 10 whK:h lht fihnata.s lapKd; or
0 "'"~"""'*'•.....,.or-. ..,.;.,.,.....,....._o(..,.-.
7 . Check only if -'i<lblr. 0 Tht Debtor is • U"aMmittiq Ulilky.
Ute wtNdwwr u..-~ line lt .,P.abic.
S&&utuft{t) of Dcblor(s)
Form ..,.,..,.... by 111o 5caewy or s-....,
lhc: Counl)' Ck::rU lnd Recorden AIIOC'iatton
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(1) FILING OFFICER COPY
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~.,or-Pony~ .. ,
No 000 . (.'()U)RAOO IIDRM U.C.C . I (REV. 1·71 1
....,.. Pubhtlli .... ClO)l 2)).6900
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C 0 U N C I L
DATE
Nov emb er 22 1985
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C 0 M M U N I C A T I 0 N
AGENDA ITEM
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SUBJECT Dedication of alley right-o f-wa y
between South Cherokee Street
and Cherokee/Delaware alley on south side of
IN ITIATED BY Department of Community Development
ACT I ON PROPOSED Accept the right-of-way in order to provide publi c acces s to a
dead-end alley .
INTRODUC TIO N:
Wh e n Blo ck 4 of Wollenwebers Broadway Heights Subdivision was platted in 1 9 27, th e
n o rth 133.62 feet of the alley was not dedicated, but the alley in the r es t of the
b l ock wa s . This is the Cherokee/Delaware alley between West Quincy Avenu e an d West
Rad c liff Avenue . Because of the way the property was divided on the north end of the
blo c k and because of the location of garages on that property, the alley could not be
extend e d thro ugh to Quincy. An easement was provided at some point in time a c ross the
south 16.38 feet of Lot 43 in Block 4, providing access from th e dedicated alley to
South Cherokee Street. Because several people have access to their garage s off of
the d e dicated alley, this easement provide d the only means of utilizing the dead end
alley and th e City Street Departme~t has been maintaining it.
Mrs. Margaret Scott contacted the City several weeks ago , and explained that she is a
widow and owns the property acros~ which the easement runs and, in trying to put her
affairs in order, has determined that she should dedicate the land to the City. Mrs.
Sco tt r e nts out the house to the ~orth of the easement.
In ord e r for the Cherokee/Delaware alley which was dedicated in the south 466+/-feet
of th e blo ck t o be used, the access across Mrs. Scott's land is essential. Mrs. Scott
h as g iven the City a Deed t o the land; however, City Attorn e y Olsen is of the opinion
th a t it shou ld b e forma l ly accepted b y the Cit y Council.
RECOMMEN DAT IO N:
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Th e De partme nt o f Engin e ering Se rv.ice s and the Department of Community Development are
o f the o p inion that it is essential t o provide permanent access acros s the south 16.38
f eet o f Lo t 43, Wollenw e bers Broadway He ights, in order to utilize the dedicated portion
of the Cherokee/Delaware alley in the 4300 block. To do so is in the public interest
and th e staff recommends that the Deed be accepted b y Resolution •
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RES OLUT lON NC•. (o I
SEIUI::S OF 19 8 ~---
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A RESOLUTION ACCEPTING A GIFT OF REAL PROPERT Y FROM MARGARL~ N.
SCOTT FOR AlLEY PURPOSES IN THE 4300 BLOCK OF SOUTH CHEROKE E
STREET IN THL CITY OF ENGLElVOO!J, COLORAOO.
WHEREAS, a portion of real property in the 4300 Block of
South Cherokee owned by Margaret N. Scott has been used as an alley
for public access for many years; and
WHEREAS, said piece of property has been m3i ntained as an
alley by the City for a number of years; and
WHEREAS, Margaret N. Scott desires to donate this piece of
property to the City of Englewood for its continued use as a public alley;
N:J.V, THEREFORE, BE IT RESOLVED BY THE CITY COUN:IL OF THE CITY OF ENGLElVOOD, COLORADO:
Section 1. Th a t the real property offered as a gift from
Margaret N. Scott to the City of En g lewood for alley purposes in
the 4300 Block of South Cherokee Street is hereby accepted. Said
real property is legally described as follows:
The South 16 . 38 feet of Lot 43, Block 4, Wollenweber's
Broadway Heights, Second Addition, when plat is filed, and more
particularly described as: Beginning at a point 1028 feet West
arrl 1140 feet North of the Southeast Cbrner of the N l/2 NW 1/4
of Section 10, Township 5 South, R:!nge 68 West of the 6th P.M.;
thence West 125 feet; thence North 16.38 feet; thence East 125
feet; thence South 16. 38 feet, to Point of Beginning, subject
to easement of access for adjacent property, in the Cbunty of
Arapahoe, State of Colorado.
AOOPTED AND APPROVED this 2rrl day of Decenber, 1985.
Attest:
ex offic1o city Clerk Treasurer
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D.Jgene L. Ot1s, Mayor
I, Gary R. Higbee, ex offic)o City Clerk-Treasurer of the
City of Englewood, Colorado, hereby certify that the above and
foregoing is a true, accurate and canplete copy of Resolution
No. __ , Series of 1985.
Gary R. H1gbee
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DELAWARE
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